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impacts to the City's water intake structure and water quality as a result of the proposed <br />activities and the need, under Ordinance 22, to require such conditions of approval. <br />14. Mr. Simonson also testified that if RFR complies with the terms and conditions <br />of this Permit, the Agreement, and the terms and conditions of all county, state and federal <br />permits and applicable local, state and federal laws, regulations and policies required for the <br />proposed activities, RFR would be exercising Best Management Practices and that the potential <br />risk of injury to the City's waterworks and pollution to the City's water supply would be <br />mitigated. To ensure compliance with this Permit and Best Management Practices, Mr. <br />Simonson recommended that RFR provide to the City for its review and approval an annual <br />report in January of each yeaz of operations outlining its proposed activities and measures it is <br />taking to comply with this Permit and all county, state and federal permits ("Annual Report"). <br />In addition, he recommends that the Ciry perform an annual inspection following the submission <br />of the Annual Report. <br />15. Tim Thulson, Esq. of Balcomb & Green, P.C. and Terrel Knight of Knight <br />Planning Services, Inc. presented general testimony on behalf of the Applicants and answered <br />questions of the Council. Steve Wujek, P.E. of Knight Planning Services, Inc. also testified <br />briefly regarding the technical aspects of the proposed mining operation and the various controls <br />and mitigation measures implemented to avoid adverse impacts to the City's water intake <br />structure and water quality. <br />16: In addition to the testimony of Ciry staff, the City's Consulting Engineer and <br />RFR, testimony was opened up for members of the public, which there was none. <br />17. The Council fords that RFR's Application, as supplemented and modified by the <br />Agreement, and RFR's compliance with the terms and conditions of all county, state and federal <br />permits issued for the proposed activities and all applicable local, state and federal laws, <br />regulations and policies, constitutes the Best Management Practices for the proposed activities. <br />18. The Council hereby fords and determines that the issuance of the Permit requires <br />the inclusion of conditions, as more fully set forth in Ute Agreement, and that such conditions <br />provide appropriate mitigation under the circumstances to mitigate the increased risks of injury <br />to the City's water works and pollution of the City's water supply, and that such conditions are <br />authorized pursuant to Sections 10.05.050(D) and (E) of the RMC. The Council further accepts <br />Mr. Simonson's recommendation and fords that the Annual Report and inspection are necessary <br />to ensure RFR's compliance with such conditions and the Annual Report should be submitted <br />to the City Manager, the City's Consulting Engineer and City Attorney. <br />4 <br />1:200] ~ac~„u~R~FlFaa~rl~v>wmune~u,w,maheaanmtr.~.ya <br />n~s~m e, 2aoi <br />