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2. Reclamation of Trees. The Application as submitted contains a detailed discussion of reclamation of <br />trees. The City acknowledges that the regulation of reclamation activities is the exclusive jurisdiction of the <br />State. As part of its reclamation efforts it is CC&V's intent to: <br />a. Transplant mature aspen tree pods in a pattern to break up the somewhat straight line between the <br />reclaimed area and the mature trees below. The plan is to plant not less than 400 mature trees average per <br />acre in 15 acres (as used in this Section 2, mature aspen trees mean aspen trees of a minimum seven feet in <br />height). Planting of trees in this manner will help to facilitate natural tree seeding as the pods develop and <br />mature. <br />b. Plant smaller, younger trees a minimum of 200 seedlings (young trees not less than 2 year old <br />seedlings) per acre on north and northwest facing slopes. CC&V will brief and request input from the City <br />at least annually regarding these transplanting plans in the North Cresson mine view shed area. <br />3. Bypass Road. Under the submitted Application, truck traffic in support of CC&V passing through the <br />City will decrease by nearly 90% after the enhancement by CC&V of the State Highway 67/Teller County <br />Road 821 intersection at an estimated cost to CC&V of approximately $1.5 million and subsequent <br />redirection of trucks servicing the northern part of the Cresson Project through the Ironclad area. <br />Notwithstanding this significant reduction of truck traffic from State Highway 67 passing through the City, <br />CC&V acknowledges the City's desire to discuss a bypass road as part of the City's master planning. As part <br />of its ongoing efforts to support community activities, CC&V will work with the City on its bypass road <br />concept in the City's master plan, and will consider a request from the City for participating in construction of <br />a bypass road to the east of the City in conjunction with the City and other businesses in the development of <br />Myers Avenue. If, after receiving such a request, it is economically feasible and preferable as determined by <br />CC&V in its sole discretion, and if it is in the best interest of CC&V, Teller County, and the City, CC&V will <br />enter into negotiations with the City and/or Teller County with the goal being to enter into a separate <br />agreement for the construction of a bypass road. The City will provide an unencumbered right-of-way and <br />the necessary approvals for such a road. Nothing contained in the paragraph shall impose on CC&V or the <br />City any obligation to enter into negotiations of a separate agreement, or to agree to the construction of a <br />bypass road. <br />4. Train right-of-way. CC&V acknowledges that many private persons and public institutions may <br />have an interest in a "heritage tourism train" extending from the City to the City of Victor. CC&V has <br />discussed on numerous occasions the possibility of such a train or other options with the owners of the <br />Cripple Creek & Victor Narrow Gauge Railroad ("CCVNGRR"). CC&V supports the concept of increased <br />tourist train activities within the Mining District. CC&V agrees to assist in the development of a plan for <br />train options and rights of way. Any such plan in and around the City and the City of Victor must be <br />consistent with current and future planned mining operations. <br />5. Recreation Center Donation. As noted above, it is a focus of CC&V to continue to support <br />worthwhile, sensible community projects and activities. CC&V recognizes that the construction of a Gold <br />Camp Recreation Center may be a project worthy of consideration. While under no obligation to provide <br />financial or other support, it is CC&V's intent to discuss with the City contributions (in the form of financial <br />support, land grants, etc.) CC&V may make in support of the construction of such a Center upon the City <br />adopting a credible plan to build and fund such a Center. The Parties' acknowledge that the best use of <br />CC&V funds is to leverage additional funding through grants and loans, and the City specifically <br />acknowledges that CC&V has finite resources it may commit to community related projects recognizing that <br />CC&V has in the past supported projects throughout Teller County to include the cities