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<br />clear that a considerable force caused it. No apparent impact damage could be found <br />on the tree as if a large r«k had hit the tree. Furthermore, it was apparent that <br />no rocks from the mining operation came down into this area as no damage to the <br />uphill soils or vegetation could be detected at this time. As further evidence, the <br />last time any mining was done which ca~ld have produced this damage was at least two <br />years ago. This tree had been broken by something much more recently than that, as <br />the needles on the tree were still present although brawn and dry. Little needle <br />fall had « curred. It therefore appears this tree had been damage by something <br />during the last 6 to 30 months and it is highly unlikely this loss occurred as a <br />result of anything related to the mining operatim. <br />PSSESS"ENT ~ DDS: It is apparent that a number of r« ks were pushed over the <br />side of Phase 1 sometime between 14 to 22 months ago. It does not appear that any <br />r« ks were pushed into the canyon more recently than that time per:.od. Some amount <br />of the r«k present in the bottom of the drainage originated either- from natural <br />r« kfall or from mining in the 1930's or earlier. <br />It is likely that this spillage, which also placed a large anount of r« k on <br />the slope immediately below the mining area, occurred as a result ~~f a dozer <br />operator who was fired as a result of an inability to rtiove r« k within the quarry <br />according to instructions. The date of this problem with the equi~~ment operator <br />corresponds with the approximate date of the spillage. <br />IRRATION OF SPILLAr~ EVENT: It is unlikely, based upon the ama~nt of r« k in <br />place, the duration of the event took more than about 1 to 3 days, and it is most <br />likely it «curred over about 1 or 2 days. Vegetation indicators show that all the <br />damage was caused at very nearly the same time. Furtherrrbre, the period during <br />which the equipment operator was working the edge of Phase 1, was detected pushing <br />r«k improperly, and was subsequently released from his duties wa=_ a matter of just <br />a few days. Therefore, Castle Concrete feels the duration of the event was betwc-e~n <br />1 and 3 days. <br />ROCK ON CAVE OF THE WINDS PROPr.32TY: A letter from Grant Carey, manager of The <br />Cave of the Winds, is provided in this document. This letter indicates that Nr. <br />Carey is aware of the r« k on Cave of the Winds property but is not concerned about <br />it as a trespass or danger to his operations. It should be noted that the bottom of <br />the canyon near the Road is heavily posted with signs indicating no hiking, climbing <br />CCRF~CTTVE A:.TION PLAN S^f1'D3i ROCK SPILLS PArc 4 <br />