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Memo to PCPC ~ • <br />Re: SUP No. 671 (Amended) 1-Year Review <br />January 12, 1998 <br />Page 4 <br />and the Pueblo County Department of Public Works herein attached in draft form <br />as Exhibit 8. <br />11. The Baculite Mesa LLC shall develop, operate. and manage the proposed <br />mining-related activity according to the stipulations of the correspondence dated <br />November 14, 1996, between the Barnhart Agency, Inc., on behalf of the <br />Baculite Mesa LLC: and the Colorado Department of Transportation which said <br />correspondence is herein attached as Exhibit 9A and according to the <br />stipulations of the correspondence dated December 5, 1996, between the CDOT <br />and Planning and Development staff-member Phil Shafer herein attached as <br />Exhibit 9B. <br />12. The applicant shall file a copy of their Annual Mined Land Reclamation Report <br />with the Department of Planning and Development at the time it is submitted to <br />the State of Colorado, Department of Natural Resources, Mined Land <br />Reclamation Division. <br />13. During their hauling operation, the owner shall pay for applying (labor and <br />materials) magnesium chloride for dust mitigation to said Baculite Mesa Road. <br />This shall be done under contract between Pueblo County and a private <br />contractor. The number of applications of magnesium chloride will be <br />determined by the County Engineer on a case by case basis. The owner shall <br />pay for any and all such applications. <br />14. The applicant shall develop, operate, and manage the mining-related activity <br />according to the rules, regulations, plans and permits administered by the <br />applicable federal, state, and local agencies. Any violation of a rule, regulation, <br />permit, or plan may re:>ult in the scheduling of a Show/Cause Hearing to <br />consider the revocation of Special Use Permit No. 671. <br />15. Mineral extraction shall not be permitted below the elevation of the Nussbaum <br />Spring static water table surface as established by a certified engineer. Said <br />static elevation certification shall be established, and documentation forwarded <br />to the Department of Planning and Development, prior to mining activity being <br />established beyond the' boundaries of the initial forty-acre permit, in force at the <br />time of this amendment. <br />16. Notwithstanding the regulations administered by the State of Colorado Mined <br />Land Reclamation Division, the slope of the finished grade of the extraction area <br />shall be a minimum of one-half percent (0.5%) from the easterly perimeter of the <br />extraction area to a north-south line traversing through the Nussbaum Spring <br />and northerly through the approximate midpoint of the entire permitted area. <br />