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WHEREAS the Parties are under no legal obligation to enter into any agreement with each other regarding <br />the Application or any part thereof. The Parties have nevertheless agreed to continue to discuss and confer <br />with regards to activities which will mitigate the impacts and concerns of the citizens of the City to the <br />proposed mine extension on the City and its residents and other businesses, thereby allowing the City to <br />withdraw its comments to the Application. <br />NOW, THEREFORE, the City and CC&V have entered into this Memorandum of Understanding on <br />following basis, herein: <br />1. East View. The City acknowledges that regulation of reclamation activities, as detailed in the <br />Application, is the exclusive jurisdiction of the State of Colorado (the "State"). Nonetheless, it is CC&V's <br />intent to continue to share with the City and residents its plans and schedules with regard to mining <br />activities within the view shed to the east of the City. Further, CC&V has agreed to submit a change to the <br />Application, once approved by Teller County and the State, to expand the re-contour of the view shed in the <br />North Cresson mine area. This voluntary effort has been memorialized in the Teller County Planning <br />Commission's conditional recommendation of approval. CC&V will submit this change for public review <br />comment and further action by Teller County and DRMS. As a part of this change, it is CC&V's intent to: <br />a. Eliminate the post-mining high wall from the North Cresson mine view shed area. <br />b. Review periodically with the City, in detail, the mining schedule and reclamation plans for the <br />North Cresson mine view shed area. The current schedule for the area in question is as follows: <br />(1) mining in the North Cresson mine view shed area from approximately 2014-2016 <br />(2) reclamation in the North Cresson mine view shed area from about 2017-2018. <br />c. Commence mining in the North Cresson mine view shed area only after the above referenced <br />change is submitted to, and approved by, Teller County and the State, but in no event sooner than 2014 <br />without prior discussion with the City. <br />d. Commence the removal of trees from the North Cresson mine view shed area in accordance with <br />the existing approvals and the approved Application, as it may from time to time be amended. No removal of <br />trees will begin prior to January 1, 2012 without prior discussion with the City. Trees will only be removed <br />when and where needed to facilitate the mining operations. <br />e. Conduct concurrent reclamation during the North Cresson mining, and reclamation activities will <br />be completed at the earliest practicable date taking into consideration relevant business needs and <br />considerations, annual budget considerations, and regulatory requirements. Further, it is CC&V's intent to <br />update the City quarterly regarding upcoming reclamation plans in the North Cresson mine view shed area. <br />f. Periodically reevaluate North Cresson mine view shed area reclamation plans to (1) consider where <br />woody vegetation, other than native grasses, should be included in the replanting program; (2) consider the <br />progress and success of the reclamation efforts; and (3) maintain and/or modify, at CC&V's sole discretion, <br />the reclamation work performed in accordance with the Application. Further, it is CC&V's intent to update <br />the City quarterly regarding the progress and planning associated with woody plant reclamation in the North <br />Cresson mine view shed area.