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RIDER TO MINING PERMIT Pemvt Date: Apri130, 2001 Permit No: M-2000-034 The following additional stipulations and cveditions forth an integral part ofthe foregoing permit: Stipulation No. Descriptive 1 The operator will unplemerrt a bank swallow prrrtective plan at the Loveland Pit. The plan will prevent damage to active swallow nests in sand, gravel, overburden, and topsoil stockpiles by: a) Grading stockpiles outside of the nesting seasve to a slope no steeper than 1.5:1. The shallow slope will deter the swallows from nesting in the stockpiles. The maximum grade of 1.5:1 will be mairrrained throughout the nest building period. The nesting seasve nms from April 30 to August 15 and the nest budding season nms from April 30 to June 30; b) Install n~tT_g or mesh ve steep sided stockpiles prior to the nestnrg SeaSQI and maintainurg the netting througfiout the nest building season. in order to prevert nesting in the stockpiles, one-fiourth inch mesh openings are recommended. in no case should the openurgs in the mesh be larger than veefialf inch; c) Preverting nesting m the stockpiles by any method as developed and selected by the Operator of the pits as long as the detern'rrt to nesting does not harass or over stress the swallow population; and d) if nesting deterrents are rursrrccessfid and swallow nest are observed in the stockpiles, the nests will not be disturbed during the nesting seasve unless rt can be demonstrated conclusively that the nests are abandoned. 2 The operator will p4vrt and mairrtain riparian vegetation (primarily willows) along the riverbank adjac®t to the pit. The pLurtings will occur the ideal planting season (March and April) of 2001. The planting will be placed in any gaps or sparse areas of riparian vegetation along the bank and will be subject to inspedive for adequacy by the Divisive of Minerals and Geology in the early summer of 2001. Inclusion of this condition to permit appbcaave approval is urtended to stabilve the bank in the evert of a flood as suggested in the Simon and Associates dra$ report dated June 9, 2000 that is included in the reclamation pemrit appbcative. 3 The operator will provide legal right to erter the easemerts wRhin the permit area to satisfy the terms of Rule 6.4.14 ofthe ConsWdive Materials Rules and Regulative afthe Mined Land Reclanrative Hoard. Until legal right to errter has bear reviewed and accepted in writing by the Division of Mirrerals and Geology, the operator will maintain a mining setback from the easemert boundaries that is equal to twotimes the depth of mining as measured as a horizontal distance from the tce ofthe pit wall. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES MICHAEL B. LO Divisive Director