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through consent of the parties or by court action; the La Plata County Community Development Director <br />shall, in his/her discretion, determine if an amendment to the Road Improvements Agreement Pertaining to <br />La Plata County Road 120 — GCC Energy, LLC is material or minor (LPLUC Sec. 82-1, 82-15, 82-29, 82-71, <br />82-21, 82-28, 82-161, and 82-191 to 193). <br />28. At all times the King II Coal Mine is operated pursuant to this class II land use permit, the permittee <br />shall apply for a major amendment to this class II land use permit in accordance with the standards and <br />process dictated by the applicable provisions of the La Plata County Code if expansion of surface or hauling <br />operations occurs beyond the operations described in the narrative and site plan dated April 28, 2016 <br />(LPLUC Sec. 82-1 and 82-15). <br />Project No. 2012-0089 BOCC <br />4837-9189-1506, v. 3 <br />Page 8 of 8 <br />