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<br />r <br />c. In the event that the Doard determines chat material <br />and reasonable condition:: not now included or <br />incorporat^d in this permit should be ad~!ed to the <br />permit f.or the purnosc of prol-ecting the health and safety <br />of the present and future inhabitants of Pitkin County <br />from Snowmass Coal's activities or operations on or <br />relating to the Lands, the Board may issue and serve upon Snow- <br />man: Cnal a written notice which sets forth the language <br />of the proposed condition or conditions. Within seven <br />days after l-he receipt of such notice, Snowmass Coal <br />shall file with tiro Board a written response advising <br />the Doard that either (a) it agrees that the proposed <br />condition or conditions may be added to this permit or <br />(b) it requests a hearing relating to the proposed condition <br />or conditions. Upon the receipt of such a request for <br />hearing, the Board shall promptly schedule a public hearing <br />in conjunction with the annual hearing specified in <br />paragraph 27(b). The hearing shall be convened and <br />conducted pursuant to the procedures normally established <br />by the Board for other public hearings. If the Board <br />determines by a prepondernance of the evidence that <br />additional reasonable and material conditions to this <br />permit are necessary to protect the health and safety of <br />the present and future inhabitants of Pit}:in County from <br />Snowmass Coal's activities or operations on or relating <br />to the Lands, the Board may promulgate such additional <br />material and reasonable conditions to this permit. The <br />r3oard's final conditions shall be effective upon delivery <br />to Snotirmass Coal; hovrever, the enforcement of such conditions <br />shall be stayed pending final administrative and judicial <br />review initiated by Snowmass Coal, if any, which review <br />sfiall be filed within the tir~ie specified in Rule 106(b), <br />Colo, Rules Civ, Pro. <br />27. Re;;ord Made - Amendments - Snowmass Coal's plans, supporting <br />permit data, maps and statmeents to the Board s}rall constitute <br />and contain Snowmass Coal's program. Snowmass Coal may not <br />materially and adversely change or modify.its program without <br />prior submission thereof in writing to the Board and approval <br />by the Board after public hearings if the Board so desires. <br />28, Non-Scverability - This permit is granted only upon each and <br />every condition herein stated, If any condition hereof be <br />challenged by the applicant and held invalid by a court of <br />comoet~n+: jurisdiciton for any reason, unless otherwise <br />determined by th^ Board upon Snowmass Coal's application the <br />whole permit shall lapse and be thereby terminated pending <br />remand to the Board for the formulation of proper or lawful <br />conditions in accordance with the ruling of the court and <br />reissuance, if any of the permit. The Board shall act upon <br />such remand within a reasonable period not to exceed 60 days <br />unless such rerioc! is inadequate in the circumstances bPCause <br />~f: tine necessity to assemble scientific data and the like, <br />in which event it shall be as soon as reasonably possible. <br />In the event there is enacted supervening federal or state <br />law or regulations imposing greater restrictions or pre- <br />empting the field of ~tny condition, the permit shall continue <br />notwithstanding such change. <br />APPROVED before the Doard of County Commissioners at their <br />reyu'_ai meeting on the day 'of 1980. <br />BOARD OP COUNTY COMMISSIONCRS <br />AT'PES'P; PITKIN COUNTY, COLORADO <br />By. <br />Deputy Clerk and Recorder Michac? Kinsley <br />Chairman <br />APPI2pVF,D AS 7'O PORM: <br />Sandra ht, SCullcr <br />Count}• Attornc•}' <br />_ '~ _ <br />