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Exhibit "D" <br />(1) The applicant APC SOUTHERN CONSTRUCTION CO. LLC will prepare a Storm <br />Water Management Plan (SWMP) and a Spill Prevention Control and Counter measure <br />(SPCC) plan, for this site. As you know each SPCC plan, while unique to the facility is <br />covers, must include certain elements. The elements required are that the SPCC plan <br />be carefully thought out, prepared in accordance with good engineering practices, and <br />should address operating procedures that prevent oil spills; control measures installed <br />to prevent a spill from reaching navigable waters; and counter measures to contain <br />clean up, and mitigate the effects of an oil spill that reaches navigable waters. To meet <br />the above requirements a Storm Water Management Plan and a Fuel Berm <br />Management Plan, plus a Spill Prevention Control and Counter Measure Plan will be <br />done for this site. A permit from the Colorado dept. of Health & Environment Water <br />Quality Control Division will also be obtained. Copies of all the above plans and permits <br />will also be sent to the Division of Reclamation, Mining and Safety. <br />(2) APC SOUTHERN CONSTRUCTION CO. LLC will commit to placing overburden, if <br />encountered, in stockpiles along the low edge of all the mining phases as a first step of <br />mining operations, the berms and pits created will control erosion and sedimentation. <br />The operator is committed to control (prevent) erosion and sedimentation from reaching <br />any drainage. All methods of control will be used, sediment traps, riprap, straw bales, <br />earthen berms and liners. <br />(3) Bulk storage of fuel, and small amounts of lubricates, will be stored on site in an <br />earthen berm with an approved liner around and below the storage container. The <br />earthen structure will have a capacity of at least 110% of the tanks and containers <br />tanks. This type of structure will be leak resistant and readily cleanable if a spill does <br />happen. The liner will form a pool that the liquid cannot escape to the surrounding <br />areas. The other features of this structure is that it will be designed in such a way that it <br />will be easy to clean up any possible spills. All spills will be soaked up with an <br />absorbent material such as sand or other substances that can absorb the spilled oils or <br />lubricants. After the mixture of absorbents and oil are cleaned up all the waste <br />materials will be transported to the nearest approved disposal site. <br />(4) APC SOUTHERN CONSTRUCTION CO. LLC does agree and will commit to <br />Division of Reclamation, Mining and Safety's permit condition as stated on page (6) six <br />in the application package. Any reportable spill which is a spill of any toxic or <br />hazardous substance (including spills of petroleum products) within the permit area will <br />be reported to any and/or the Division of the Colorado Department of Public Health and <br />Environment, the National Response Center, the Colorado Emergency Planning <br />Commission, a local Emergency Planning Commission, or the State Oil Inspector. In <br />