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FROM Panasonic TAD/FAX PHONE NO. 9454958 Feb. 15 1994 03:48PM P03 <br /> Mr. Kevin Riordan <br /> February 2, 1994 <br /> Page - 2 <br /> 2. Disposition of Coal Basin Lands not exchanged. The <br /> lands not included in the exchange would be sold to private <br /> individuals or entities in tracts of over 35 acres under the <br /> following conditions: , <br /> (a) Vehicular access would be provided as described <br /> below. <br /> (b) A corporation would be formed with the sanction of <br /> the Bankruptcy Court which for purposes of this concept <br /> would be referred to as Coal Basin Landowners Association <br /> (CBLA) . The articles and by-laws of CBLA would be <br /> patterned after those commonly used in a Planned Unit <br /> Development (PUD) with provision for assessments for road <br /> maintenance, other common purposes, commons areas, water <br /> right participation and maintenance, use covenants over <br /> commons and the like. <br /> Each tract sold would be subject to the provisions of <br /> CBLA's PUD and the owners of such tracts would be the <br /> members thereof. This would involve different classes of <br /> users according to location of tracts owned, amenities <br /> used and the like. <br /> Before sales occur, CBLA would negotiate access easements <br /> conformable to Forest Service regulations with provision <br /> for road maintenance. <br /> The Plan would contemplate that existing amenities such <br /> as power lines, roadways, water supply facilities, some <br /> structures, and the like would be retained and made <br /> available to CBLA or to it's members. <br /> 3. The Road System. Primary access would continue <br /> along the Coal Haul Road extending from Highway 133 Westerly to the <br /> Coal Preparation Plant area. The status of this roadway is unclear <br /> as to whether it is or is not a public road. At least, it is not <br /> currently under County or Forest Service management. I believe <br /> there is a great deal of public demand that this segment of roadway <br /> be kept open for public use. Contingent upon County, Forest <br /> Service, or other contributions toward road maintenance, I would <br /> suggest that it either be a county road, or a forest access road <br /> with public parking facilities at the much used Gold Camp area (the <br /> Braderich trail head) and also at the lower end of the Mid- <br /> Continent property at the confluence of Spring/Bear Creek and Coal <br /> Creek. <br />