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Memo to PCPC ' Re: SUP No. 671 (Amended) 1-Year Review January 12, 1998 Page 5 17. Notwithstanding the regulations administered by the State of Colorado Mined Land Reclamation Division, during reclamation of the disturbed areas, athree- foot (3') high berm will be established to prevent erosion. 18. The applicant shall provide private road access upon the Baculite Mesa to the property owners and leaseholders of property located on and around said Baculite Mesa. Ingress and egress shall continue without interruption and shall be constructed to a condition that is at minimum as good as the historical conditions have been. Said historical condition shall be taken to mean, and be measured against, the historical extension of the Public portion of Baculite Mesa Road which continues from the Nussbaum Spring area northerly along the mid- line of the Baculite Mesa, and is utilized in part as the westerly property boundary of the Baculite Mesa LLC amended permit area. Said historical condition may be certified by registered engineer, with copies of said certification being forwarded to the Department of Planning and Development and the Road and Bridge Division of the Department of Public Works. This private road access must be maintained to the specified condition, but the location of said road access shall not be restricted except as required under Condition No. 20 below. 19.There shall be no blasting permitted in association with the mineral extraction activities. 20. Notwithstanding the regulations administered by the State of Colorado, Mined Land Reclamation Division, under the current or amended permit, there shall be no mining activity permitted upon, or westerly of the westerly ridge line of the Baculite Mesa as identified in exhibit 11 by a roadway identified as the proposed westerly boundary of the disturbed area, in order to preserve a visual buffer for the mining activity when viewed from the Interstate-25 corridor. 21. Special Use Permit No. 671 shall be placed on a one-year review. NOTE: Section 36(I) of the Pueblo Countv Zonino Resolution provides that the action or activity authorized by a special use permit must be exercised in full or construction started within one year of the date of the Planning Commission's approval or the special use permit becomes null and void unless the permit is extended by the Commission. Further, the action or activity must be in full compliance with all conditions of the special use permit. Please note that merely obtaining necessary building permits, other local, State, or Federal operating permits, and entering into agreements do not constitute an exercise in full or starting construction.