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r •• <br />C c~~us <br />~ Orchard Valley <br />May 24, 1994 <br />Mr. N. W. (Posse-Rhode <br />4149 North 80 1'artP <br />Paonia, Colorado 81428 <br />III IIIIIIIIIIIII'll <br />Cyprus Orchard Valley Mine <br />P.O. Boz 1299 <br />Paonia, CO 8 t 42B <br />Phone: 303-5274135 <br />Fax: 303.527-2234 <br />RFCc~~•E , <br />lygy2 C <br />~'"~:~,~ ~ 1999 <br />' ~~:ii <br />Ci~,~` <br />~ ~`Pj`•n <br />..y <br />RE: SZCICSC TRAIL CONSTRUCTION <br />Dear Mr. Grosse-Rhode: <br />'Thank you for your continued cooperation artd patience in finally resolving the <br />stock trail issue and your associated periodic ingress and egress needs arourcl <br />the orchard Valley West Mine facilities. With the cortq~letion of construction and <br />seeding activities occurring on May 4th and 5th, 1994, Cyprus orchard Valley Coal <br />Corporation (CDVCC) wnsiders this matter to be resolved and further considers <br />its obligations under the stack trail agreement of Septembps 17, 1991 to have <br />been fulfilled. <br />I appreciate your taking time to personally visit the site on numerous occasions, <br />to personally inspect the construction activities periodically as they <br />progressed, and to personally provide your input during construction rP;a.rlinr; <br />the actual implementation of the specifications detailed in the original <br />agreement. I further appreciate your making available an ATV and an operator <br />upon catq~letion of construction activities to assess the adequacy of the <br />constructed trail and to demonstrate the trail can satisfactorily be negotiated <br />by an ordinary third party without undue concern for life and limb, and thereby <br />fulfills the intent of the original agreement. <br />Please be aware that although OdVCC is not responsible for maintenance of the <br />newly constructed portion of the trail or for maintenance of the existing trail <br />below the mine fill, COVCC is bound to adhere to certain wnditions pertaining <br />to that portion of the trail which traverses the mine fill. To the extent that <br />the trail crosses the fill slope, it is considered a part of our mining permit. <br />Given that the fill slope also serves as a topsoil storage site, the Colorado <br />Division of Minerals and Geology (DMG) will require continuing adherence to the <br />performance standards regarding topsoil storage and sediment control on this <br />slope. The applicable standards require that topsoil be protected frca0 wind and <br />water erosion, unnecessary oon¢taction, and contamination which would lessen the <br />capability of the material to support Vegetation when redistributed. additional <br />standards require runoff from this slope to meet certain water quality c1-atr3a„9a. <br />Otte ability to meet these Gtanrl?rr3c is wholly dependant upon maintaining a <br />vigorous starrl of vegetation on this slope. <br />