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17. At all times the King II Coal Mine is operated pursuant to this class II land use permit, the permittee <br />shall, on a quarterly basis pursuant to Colorado Division of Reclamation and Mining Safety requirements and <br />as agreed upon by La Plata County, conduct water quality monitoring as required by the Colorado Division <br />of Reclamation Mining and Safety, including any additional monitoring that may be required by Technical <br />Revision — 26 or as amended, and the permittee shall within ten days of conducting water quality monitoring <br />post the results on a publicly -accessible website maintained by the permittee (LPLUC Sec. 82-191 to 193). <br />18. At all times the King II Coal Mine is operated pursuant to this class II land use permit, the permittee <br />shall perform or ensure the following actions regarding noise mitigation are taken (LPLUC Sec. 82-191 to <br />193): <br />a. The permittee shall ensure that sound measurements at 50 feet from the edge of north County Road <br />120 between State Highway 140 and King II Coal Mine attributed to trucks hauling coal from the <br />King II Coal Mine shall not exceed 86 A -weighted decibels (dba) at any time. <br />b. The permittee shall ensure that all trucks hauling coal from the King II Coal Mine are equipped with <br />exhaust silencers/mufflers in good working condition. <br />c. The permittee shall not install rumble strips on any newly paved sections of north County Road 120 <br />between State Highway 140 and King II Coal Mine. <br />d. The permittee shall ensure that trucks hauling coal from the King II Coal Mine shall not cause the <br />day -night average sound level (DNL or LDN) to exceed 65 A -weighted decibels (dBA) when <br />rounded to the nearest whole number for any residence within 200 feet of north County Road 120 <br />between State Highway 140 and the King II Coal Mine; subject to permission to enter the property <br />granted by the property owner, sound measurements shall be taken at locations 25 feet from the <br />exterior wall of the residence closest to north County Road 120 and no closer than 50 feet from the <br />centerline of the road; if the day -night average sound level (DNL or LDN) does exceed 65 A - <br />weighted decibels (dBA), the permittee shall offer, at the permittee's expense, additional buffering <br />mitigation subject to the property owner's consent; if the property owner does not consent, the <br />exceedance will not be a violation of this class II land use permit (LPLUC Sec. 82-191 to 193). <br />19. At all times the King II Coal Mine is operated pursuant to this class II land use permit, the permittee <br />shall perform or ensure the following actions regarding dust mitigation are taken (LPLUC Sec. 82-191 to <br />193): <br />a. Until such time the entirety of north County Road 120 between State Highway 140 and the King II <br />Coal Mine is paved, the permittee shall treat un -paved sections of north County Road 120 between <br />State Highway 140 and the King II Coal Mine with dust retardant such as magnesium chloride or <br />water as determined by the La Plata County Public Works Director. <br />b. Until such time that the entirety of north County Road 120 between State Highway 140 and the <br />King II Coal Mine is paved, the permittee shall treat un -paved section of North County Road 120 <br />between State Highway 140 and the King II Coal Mine as frequently as necessary to ensure trucks <br />hauling coal from King II Coal Mine do not cause dust that rises any higher than a coal truck's <br />wheels to be visually observed by the permittee, La Plata County, or the public. <br />c. The permittee shall ensure that all coal trucks hauling coal from the King II Coal Mine cover their <br />loads prior to leaving the King II Coal mine. <br />Project No. 2012-0089 BOCC <br />4837-9189-1506, v. 3 <br />Page 6 of 8 <br />