2006-12-18_REVISION - M1978314 (3)

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Page 3 of 4 for grouse habitat; however, use of the property for grazing and/or recreational purposes shall not be prohibited. 2) The permittee shall improve off-site acreage for grouse habitat by inter-seeding with aDOW- approved seed mix and methodology. One acre of off-site property will be inter-seeded once for every new acre of disturbance. The first 10 acres of off-site inter-seeding shall occur within 18 months of issuance of the Routt County Special Use Permit, with additional off-site acreage being inter-seeded every five years based on amount of new disturbed acreage within the mining property. Permittee shall provide the CDOW with written proof and location of such work. AMENDMENT & ENFORCEMENT: This Wildlife Mitigation Agreement shall not be amended without the written consent of the local CDOW District Wildlife Manager and the Routt County Board of County Commissioners. An on- site Operation/Production Manager will be employed by King Mountain Gravel, LLC and will have specific, regular, and on-going responsibilities for enforcement of this agreement. The on-site Operation/Production Manager will be the contact person for CDOW, Routt County staff, and others with an Interest or issue relative to this Wildlife Mitigation Agreement. This entire Wildlife Mitigation Agreement can be enforced by King Mountain Gravel, LLC, the CDOW or Routt County. ASSIGNMENT; It is understood that this Wildlife Mitigation Agreement shall be recorded. King Mountain Gravel, LLC may, from time to time, assign its rights and obligations under this Wildlife Mitigation Agreement by an express assignment set forth in a recordable instrument to be recorded in the Routt County records to any person or entity acquiring an interest in the King Mountain Gravel, LLC property. From and after the date of such assignment, the assignee(s) shall succeed to ail obligations arising prior to and after the date of this Wildlife Mitigation Agreement. Any assignee(s) under this Wildlife Mitigation Agreement may thereafter assign their rights and obligations under this Wildlife Mitigation Agreement to other such assignee(s), subject to the terms and provisions herein by an express assignment set forth in an instrument in recordable form and recorded in the Routt County records. At the time of any such assignment,'the CDOW must be notified in writing and be provided a copy of such recorded documents. AGREED TO BY: King Mountain Gravel, LLC By: Kirk Eberl Date: DRAFT April 22, 2005