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20. At all times the King Il Coal Mine is operated pursuant to this class II land use permit, the permittee <br />shall ensure that all lighting at the King II Coal Mine is screened, shielded, and directed so as not to <br />adversely trespass onto adjacent properties/structures (LPLUC Sec. 82-191 to 193). <br />21. At anytime prior to the completion of Phase 5 road improvements, the permittee shall, at the permittee's <br />expense and the property owners' consent, install buffering improvements in the vicinity of the dwelling <br />units located on parcels # 565728400074 and 565728300145 pursuant to a buffering plan approved by the La <br />Plata County Community Development Director and signed and sealed by either a professional engineer <br />and/or landscape architect; buffering improvements constructed by the permittee shall be bonded prior to <br />construction through La Plata County's standardized development improvement agreement; the permittee <br />shall warrant any landscaped improvements through the development improvement agreement to ensure <br />establishment of vegetation (LPLUC Sec. 82-191 to 193, 82-21 to 25, and 82-165). <br />22. At any time prior to the completion of Phase 5 road improvements, the permittee shall reimburse La <br />Plata County up to $5,000 for expenses incurred hiring a consultant to determine the adequacy and efficacy <br />of any buffering plan and/or installation required as part of this class II land use permit (LPLUC Sec. 82-191 <br />to 193, 82-21 to 25, 82-165, and 82-196 to 198). <br />23. At all times the King II Coal Mine is operated pursuant to this class II land use permit, the permittee <br />shall ensure that all trucks hauling coal from the King II Coal Mine only utilize north County Road 120 from <br />the King II Coal Mine to State Highway 140 unless, during extenuating circumstances and phase 1 road <br />improvements, written authorization of an alternative route is approved by the La Plata County Manager and <br />La Plata County Public Works Director; the La Plata County Manager and La Plata County Public Works <br />Director will only authorize alternative routes for a specified duration and a specified number of trucks <br />hauling coal, and will not authorize alternative routes for adverse weather events or when north County Road <br />120 is closed or subject to traffic restrictions other than traffic restrictions required for phase 1 road <br />improvements (LPLUC Sec. 82-161, 82-191 to 193). <br />24. At all times the King II Coal Mine is operated pursuant to this class II land use permit, the permittee <br />shall provide to the La Plata County Public Works Director for his/her approval traffic control plans <br />commensurate with each roadway improvement project in order to ensure roadway safety during <br />construction; all traffic control plans shall ensure that during construction activities, all employees other than <br />those actively hauling coal to and from the King II Coal Mine utilize routes other than north County Road <br />120 between State Highway 140 and the King II Coal Mine to access the King II Coal Mine; the permittee <br />shall ensure that all employee traffic is easily identifiable with vehicle stickers, placards, or other similar <br />devices (LPLUC Sec. 74-41, 74-61, 74-76, and 82-191 to 193). <br />25. At all times the King Il Coal Mine is operated pursuant to this class II land use permit, the permittee <br />shall pay annual road maintenance fees of at least $0.12 per ton of coal removed from the King II Coal Mine; <br />annual road maintenance fees exceeding $0.12 per ton of coal shall be as specified in the Road Improvements <br />Agreement Pertaining to La Plata County Road 120 — GCC Energy, LLC (LPLUC Sec. 82-28, 82-161, and <br />82-29). <br />26. At all times the King II Coal Mine is operated pursuant to this class II land use perniit, 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 the permittee increases the <br />numbers of trucks hauling coal from the King II Coal Mine (LPLUC Sec. 82-1 and 82-15). <br />27. 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 the Road Improvements <br />Agreement Pertaining to La Plata County Road 120 — GCC Energy, LLC is materially amended either <br />Project No. 2012-0089 BOCC <br />4837-9189-1506, v. 3 <br />Page 7 of 8 <br />