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,,. • PAGE 9/30 <br />20, 1996, WAZ asked DOE to review the company's final rezoning <br />application before it was submitted to the County. In the May 5, <br />1997 rezoning permit, the County included many conditions that <br />adcsessed the DOE's concerns. <br />29. To mine in the Proposed Mining Area, WAI needed to <br />expand across an existing access road to the NREL Site. As a <br />result, on August 18, 1992, Defendant DO£ issued a License for <br />Nonfederal Use of Real Property giving WAS authority to relocate <br />approximately x000 feet of the access road. DOE recognized that <br />HAI's gravel mining activities necessitated the road relocation. <br />As :i result, Defendant DOE issued a NEPA categorical exclusion <br />for a license authorizing relocating the access road. <br />30. WAI required a second road to connect its expanding <br />sand and g=avel operation to Highway 128. As a result, on July <br />27, 1995, Defendant DOE granted a 99 year easement for <br />construction of the new road. Defendant DOE issued a categorical <br />exclusion for the 99 year road easement. <br />31. On November 10, 1992, Defendant DOE issued WAZ a <br />License for Nonfederal Use of Real Property allowing WAI to <br />instzill for air quality monitoring stations for the purpose of <br />asse;:sing levels of particulate matter with a diameter less than <br />10 microns (PM10). These stations were necessary due to <br />anticipated dust impacts from the mine expansion- <br />32. Defendant DOE's conduct as set forth above constituCes <br />a major federal action significantly affecting the quality of the <br />human environment. <br />Sand Amended CompWins <br />9 <br />