2016-10-20_PERMIT FILE - C1981035A (12)

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Conditions: 1. Prior to issuance of this class II land use permit, the permittee shall record the executed Road Improvement Agreement Pertaining to La Plata County Road 120 — GCC Energy in the La Plata County real property records (LPLUC Sec. 82-21, 82-28, 82-161, 82-191 to 193, and 82-29). 2. Prior to November 30, 2016, the permittee shall provide a report to La Plata County detailing all past and on-going disposal activities of material from the King II Coal Mine at locations other than the King II Coal Mine in La Plata County; the report shall include a characterization of the frequency, quantity, and characterization of the material taken from the King II Coal Mine, disposal locations in La Plata County, and copies of required federal, state, and/or local permits; if the permittee has not yet obtained land use permits for disposal locations in La Plata County, the permittee shall seek the La Plata County Community Development Director's determination if land use permit are required by July 31, 2016; if a land use permit is required, the permittee shall submit a complete application by the aforementioned November 30, 2016 deadline or appeal the La Plata County Community Development Director's determination to the La Plata County Board of Adjustment (LPLUC Sec. 82-171, 82-181, and 82-191 to 193). 3. Prior to permit issuance, the permittee shall coordinate with the County Weed Technician to conduct a weed survey on parcel 5653-362-00-077 and shall implement all necessary weed mitigation as determined by the County Weed Technician (LPLUC Sec. 82-174). 4. Prior to September 30, 2016 , the permittee shall install automated, flashing warning lights and safety signage at two locations to be identified by La Plata County along north County Road 120 between State Highway 140 and the project site; automated, flashing warning lights and safety signage shall be as specified by the La Plata County Public Works Director and may include mobile devices; upon acceptance of the installed equipment and inspection by the La Plata County Public Works Director, the automated, flashing warning lights and safety signage shall be turned over to La Plata County for its operation and use, and shall remain in place at the discretion of the La Plata County Public Works Director (LPLUC Sec. 82-191 to 193). 5. Prior to September 30, 2016, the permittee shall provide documentation from the permittee's engineer that the upper parking lot improvements have been completed per approved plans (LPLUC Sec. 82-71 and 82- 175). 6. Prior to September 30, 2016, the permittee shall install all water infrastructure and ensure that the water treatment plant is operational; no hauling of water shall be permitted after September 30, 2016 (LPLUC Sec. 82-183 and 82-186). 7. Prior to September 30, 2016, the permittee shall install speed radar signs at two locations to be identified by La Plata County along north County Road 120 between State Highway 140 and the King II Coal Mine; speed radar signs shall be as specified by the La Plata County Public Works Director and may include mobile devices; upon acceptance of the installed equipment and inspection by the La Plata County Public Works Director, the speed radar signs and associated equipment shall be turned over to the La Plata County for its operation and use (LPLUC Sec. 82-191 to 193). 8. Prior to February 26, 2020, the permittee shall obtain an adjudicated water right in Water Court Division No. 7 case number 2015CW3029 that aligns with the temporary substitute water supply plan approved by the Division of Water Resources / State Engineer's Office on February 26, 2016; the permittee shall renew the substitute water supply plan until such time the adjudicated water right in Water Court Division No. 7 case number 2015CW3029 is secured (LPLUC Sec. 82-183 and 82-186). Project No. 2012-0089 BOCC 4837-9189-1506, v. 3 Page 2 of 8