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, <br />~ I • I ~. • 1 n M/ <br />be accomplished prior to removal of any gravel from the site. <br />However, prior to making these improvements thc'Operator shall <br />,continue to make a good faith effort to obtain ,an alternate access <br />routC to avoid use of River Road. The amount of this participation <br />'Shall be as follows:, <br />(1) Elam will contribute to Pitkin County in cash or in kind <br />' 5.05 per ton for each ton of extracted materials .sold from <br />.this site. The total yearly surd of this contribution may <br />be reduced by an amount equal to the net property and <br />assessment taxes due Pitkin County for that calendar year. <br />(2) Elam will participate with Pitkin County in ,the improvements <br />of the River Road by contributing all labor 'and material <br />necessary to repair and replace all asphalt damaged and <br />necessary to restore the road to an acceptable condition. <br />C. The Operator agrees that truck traffic accessing the Elam site <br />shall not either leave or arrive by the River Road westerly from <br />the Elam access road except for that work which is to be conducted in <br />the Moody Creek area. <br />14. In November of each year the County shall select a data fora public <br />hearing and shall publish notice thereof, at which hearing the Board <br />shall give the public an ,,pportunity to object to the continued <br />operation of the site if the same is causing adverse impacts upon <br />adjacent lands. At the conclusion of such hearing the Board of County <br />Commissioners, if substantial evidence warrants it, may amend the fore- <br />going agreement, may continue it in effect, may impose reasonable <br />additional conditions for the protection of the public on adjacent land, <br />.or (in the case of violation or deviation by the Operator from the <br />Conditions hereof) may terminate the operation within a reasonable <br />tinm to be specified by the Board of County Commissioners. This <br />permit. shall be revoked, if at the time of the November 1980 annual <br />review, the Jaffee site is not closed to extractive operations. <br />Similar hearings shall be held annually throughout the duration of the <br />foresaid permit until such time as the Board of County Commissioners <br />determines that said hearings may be.discontinucd. <br /> <br /> <br />-7- <br />