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Pemtit Date: September 27, 2004 <br />PemdtNo: M-2003-016 <br />The following additional stipulations and conditions form an integral part of the foregoing pemut: <br />Stipulation No. Description <br />The Operator has submitted its proposed minim plan to Weld County for review of potential floodplain <br />impacts from the mine. The Operator will implement any 8oodplain requirement imposed by Weld <br />County resulting from this review as part of its mining plan. <br />The Operator will implement the groundwater monitoring system as outlined in the Wright Water <br />Engineers, Inc. report, titled "Groundwater Monitoring and Mitigation Plan for Heit Aggregate <br />Resource Operation, Weld Coumy, Aquatic and Wetland Nursery and Coyle Property," and as deSned <br />in adequacy review. At least 16 months of data will be collected prior to initiating mining activities <br />and/or slurry wall installation at the Heit Mine. Based on analysis of collected data, an augmentation <br />trigger mechanism will be proposed to DMG in the form of a Technical Revision to the permit and <br />approved by DMG prior to initiating mining and slurry wall activities at the site. The related <br />information must include specific augmentation parameters as to volumes of water involved, times of <br />year for delivery, and the length of time augmentation will occur. <br />A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum <br />products) within the mined land permit area reportable to any Division of the Colorado <br />Department of Public Health and the Environment, the National Response Center, the Colorado <br />Emergency Planning Commission, any local Emergency Planning Commission, local Emergency <br />Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of <br />Minerals and Geology (DMG) of a reportable spill within the mined land permit azea using the <br />same timeframe required by the permit, license, notice, statute, rule or regulation governing the <br />reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be FAXed <br />to: Minerals Program Supervisor, Division of Minerals and Geology, FAX (303) 832-8106. The <br />FAX shall include acall-back number of a responsible company official for DMG staff to use as a <br />contact. <br />MINED LAND RECLAMATION BOARD <br />COLORADO DEPARTMENT OF NATURAL RESOURCES <br />`r.G. <br />RONALD W. CATTANY <br />Division Director <br />