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1 <br />r `\ `~ <br />May 2009 Offsite Damage Complaint -Yule Marble Quarry, Permit M-1999-058 June 1, 2009 <br />Page 2 of 3 <br />But worst of all, as we told you and you saw for yourself, the damage has <br />rendered our Trail impassable and unusable. This Trail, located at the bottom of <br />the cliff where the quarry dumped its debris, attracts thousands of visitors each <br />year (see marblequarrytrail.com). And now, because of the recklessness of the <br />marble quarry operation, people who want to use the Trail cannot and those that <br />ignore the danger signs and try to use it are at risk of personal injury. This forced <br />closure of the Trail due to the quarry's damage results not only in our loss of use, <br />but also our loss of substantial income the Trail produces. <br />In order to rectify the matter, the quarry must immediately take the following <br />actions: <br />1. Close and secure the Trail to protect against injury until the debris is <br />cleared and the bridges repaired. The quarry should place warning <br />signs, as well as signs stating that the Trail is closed until July 1, in the <br />public parking areas at both ends of the Quarry Road, as well as on the <br />bridge over the Crystal River in town; <br />2. Clear the cliff of all hanging debris deposited or disturbed by the <br />quarry's plowing operations; <br />3. Pull up any salvageable bridge parts from the Yule Creek <br />embankment; <br />Once the quarry has addressed these immediate issues, we will repair the <br />bridges at the quarry's expense (please see attached detailed cost estimate): <br />4. The access bridge repaired to accommodate jeep traffic; and, <br />5. The footbridge repaired to accommodate the visitor foot traffic; <br />All the work should be completed by June 30 to facilitate reopening the <br />Trail by July 1St. Any delay in reopening the Trail will result in an additional <br />$500 per day in damages. <br />We will also need to develop and agree on a plan to remove the marble blocks <br />and jersey barriers. As we discussed, the quarry should not pull these barriers and <br />blocks back up and over the cliff as this causes more damage to the cliff and <br />additional hanging debris ready to fall onto the Trail. <br />THE KIMBERLY A. M C I N T Y R E LAW O F F I C E <br />w w w m c i n t y r c l a w. n e t <br />