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3 <br />Koehler identifies the following concerns (“Concerns”) as the basis for its objection to <br />USR Amendment Application, some of which relate to existing operations at the Derr Pit <br />and Loloff Pit. <br /> <br />A. Noise - concerns about noise that will be generated by operations in the Amendment <br />Area. <br /> <br />B. Dust - concerns about dust that will be generated by operations in the Amendment <br />Area. <br /> <br />C. Traffic - concerns about increased traffic generated by operations in the <br />Amendment Area and the travel routes of the mine-related vehicles. <br /> <br />D. Water Wells – concerns that the Koehler Wells will be negatively impacted by the <br />operations at the Derr Pit, including the Amendment Area. <br /> <br />3. Obligations of the Parties <br /> <br />To fully and completely resolve Koehler’s Concerns regarding BAI’s and Loloff’s past and <br />planned mining operations at the Loloff Pit, Derr Pit, and BAI’s expansion of operations <br />into the Amendment Area, the Companies and Koehler agree to the following mitigation <br />efforts to address the Concerns: <br /> <br /> A. BAI and Loloff <br /> <br /> 1. Noise <br /> <br />a. BAI shall comply with all applicable noise requirements contained <br />in amended USR Permit No. 2MJUSR19-08-1660, State laws, and <br />local ordinances. BAI will further prohibit the use of compression <br />release braking (Jake Brake) by vehicles servicing the Derr Pit, <br />including the Amendment Area. <br /> <br />b. Loloff shall comply with all applicable noise requirements <br />contained in USR Permit No. AM USR-690, State laws, and local <br />ordinances. Loloff will further prohibit the use of compression <br />release braking (Jake Brake) by vehicles servicing the Loloff Pit. <br /> <br />c. BAI shall install and maintain a berm around the active mining areas within the <br />Amendment Area. The berm area shall be planted with trees and native grasses. The trees shall be <br />irrigated by a drip irrigation system and the native grasses will be irrigated by a temporary sprinkler <br />system. If a tree planted within the berm area fails to survive and said tree dies within one year of <br />being planted, it shall be replaced by BAI. The northern boundary of the berm shall be originally <br />constructed no less than 150 feet from the center line of County Road 62, though BAI shall have <br />the right, but not the obligation, to relocate the berm to no less than 80 feet from the center of <br />County Road 62 in the future as mining operations dictate within the Amendment Area.