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about the Trail.) We intend to accommodate these requests as soon as the Quarry <br />addresses the hazards it caused and repairs its damage. Contrary to the Amendment, <br />we have not abandoned our use or our Trail. <br />Therefore, as expressly intended beneficiaries of that dedication agreement (Additional <br />Settlement Agreement, April 2001, ¶8) and frequent users of that public Trail, we object <br />to the Amendment because it removes or obstructs continued public access to the <br />dedicated public Trail. The amended permit area should not include any portion of the <br />Trail, either private or public. <br />Amendment Wrongfully includes McIntyre's Private Property for Quarry's <br />Sediment Control and Drainage without Acquiring Legal Right of Entry <br />We object to the Amendment because it takes and damages McIntyre private property <br />for the quarry's sediment control and drainage when the Quarry has not sought, much <br />less obtained a legal right of entry to do so. <br />Offering scant details, the Amendment states at 21 that "significant work" is required <br />"to control runoff from this area." Generally, the Amendment seeks approval to blast <br />waste it has deposited over the years so that it may now establish its necessary <br />sediment controls and drainage in Basin #4. But this area, Basin #4, includes both <br />McIntyre land and Quarry land and lies on a very steep slope. (See Map C-2, Yule Lode, <br />Owner: McIntyre. The property boundary lies approximately 1/3 of the way up the <br />slope between the Yule Creek and northern quarry portal.) By depicting the amended <br />permit boundary as stopping at the property boundary, the Amendment attempts to <br />ignore gravity. And that adjacent private land, our land, will be directly impacted by the <br />quarry waste and operations. Even if the Quarry could perform this repair and <br />maintenance work solely on its own lands, the impact of debris (and the work itself) <br />would necessarily go beyond the amended permit boundary and impact our land below <br />because of the slope. <br />What's more is that not only does the Amendment depict drainage lines and sediment- <br />control structures on the Mclntyres' land, but worse, it depicts this without the Quarry <br />having had any discussions with us concerning this proposed work, structures or <br />operations on our land. On March 30th, Cedric Beggar emailed us to introduce himself <br />THE M C I N T Y R E LAW O F F I C E <br />4