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CONCLUSIONS OF LAW AND ISSUANCE OF PERMIT 19. The foregoing Findings of Facts are incorporated herein by reference. 20. The Council has jurisdiction over the proposed activities pursuant to Section 10.05.020 of the RMC and City of Rifle Ordinance No. 22, Series of 1994. 21. Based on the evidence presented at the Public Hearing and, in particular, the testimony of Jeff Simonson, the Council hereby determirtes that this decision shall constitute a watershed district permit for the proposed gravel mining operation as more fully outlined in RFR's Application and the DMG Permit Application and as modified by the conditions of the Agreement and this Permit as set forth in Paragraphs 22 to 28 below, which conditions are hereby approved and adopted by the Council as conditions of approval of this Permit. 22. The Watershed District Permitting of the gravel mining operation by RFR is hereby approved subject to the terms and conditions contained herein, in the Agreement and in Jeff Simonson's letter dated June 15, 2001 attached hereto as Exhibit C. This Permit only applies to that area proposed for gravel mining operations in the DMG Permit Application and any activities not provided for in the DMG Permit Application shall require additional review and approval pursuant to the Rifle Watershed District Ordinance and the issuance of an additional watershed district permit. 23. The City reserves all remedies contained in Sections 10.05.060, 10.05.070, and 10.05.090 of the RMC for violations of the conditions of this Permit. 24. RFR shall submit the Annual Report to the City Manager, the City's Consulting Engineer and the City Attorney pursuant to Paragraphs 14 and 18 above by January 31" of each year that the proposed activities will occur, and it shall be reviewed by them and, if RFR has not been notified otherwise within twenty (20) days of the receipt of such Report by Ciry staff, the Report shall be deemed approved. Further, the City's Consulting Engineer shall perform an annual inspection following the submission of the Annual Report to ensure compliance with this Permit, and RFR shall pay the costs associated with such inspection. 25. The Annual Report referred to in the preceding paragraph may be updated and/or changed during the course of the year upon written notice to the City's Consulting Engineer and the City Attorney whom, upon receipt of said notice, shall reply within fifteen (15) days if they do not approve of the proposed changes, otherwise the proposed changes shall be deemed approved. 26. Compliance with all terms and conditions of approval contained within any permit issued to RFR by any county, state and/or federal agency, shall be deemed conditions of 5 I~~ODI ICliemsUtIF1.ElR-3~(219)1Documenta~ W a¢rshedl4rmiLwpG Au`un B, 20D1