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Mr. Mitch Rollings August 5, 1997 Page 6 Access Issue Lone Pine Development Waste Pile - Mautz has asserted in the vazious letters already referenced herein that MCC does not have the right to construct a development waste pile on Mautz property. The CDMG has determined that the access agreement of May 13, 1994, a copy of which is attached, grants MCC access for uses incidental to mining. The MCC letters of December 21, 1994 and September 18, 1995 also address this issue. The construction of a development waste pile is a use incidental to mining and CDMG has indicated to Mautz that in the absence of a specific court ruling which invalidates the access agreement relative to the development waste pile, CDMG must make a finding of compliance in this matter. Miscellaneous Issues Snowmobile Trail -This matter is discussed in the Mautz letters of August 28, 1995 and November 29, 1995, and the CDMG letter of September 26, 1995. The maintenance of a snowmobile trail is not a matter over which CDMG can exercise any control, because this is a land use issue beyond our jurisdiction. Drill Site Reclamation -CDMG has visited and inspected many drill sites throughout the MCC pemtit azea. Many of the sites exhibit remnant vegetation slash. This is a normal practice and consequence of disturbance and reclamation in a forested azea. Indeed, vegetation slash promotes effective reclamation and enhances wildlife habitat. The CDMG has not observed any trash at these sites. The presence of vegetation slash at these sites is not a violation. Appraisal -The CDMG is aware that appraisals exist for the Mautz property and that numerous factors can influence the outcome of appraisals. We are not authorized to adjudicate any property rights issues including any assessment of property appraisal validity. Conclusions In conclusion CDMG has reviewed the above complaints in detail, and the complaints have been reasonably addressed by MCC. There is no evidence to support a finding that mine related subsidence has caused material damage, nor is there evidence to indicate that the lands on Jumbo Mountain have been subject to a loss in value or reasonable use due to mining. These ]ands have been, and will continue to be, severely impacted by landslide processes. MCC has made reasonable efforts to repair any structures which may have been damaged by mining. These efforts have been hindered because Mautz has disallowed access for certain repairs. Finally, the development waste pile in Lone Pine Gulch is a permitted feature, and the constmction of the pile also appears to be allowed by the access agreement of May 13, 1994. Therefore, CDMG does not believe that the alleged violations exist, and accordingly, does not intend to take an enforcement action based on the referenced citizen complaint.