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2005-10-03_REVISION - M1998019
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2005-10-03_REVISION - M1998019
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Last modified
6/15/2021 6:05:59 PM
Creation date
11/22/2007 1:38:26 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1998019
IBM Index Class Name
Revision
Doc Date
10/3/2005
Doc Name
Addendun 1 Notice of Requirements Survey Correction Posting
From
Grand Gravel
To
DMG
Type & Sequence
CN1
Media Type
D
Archive
No
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D. Compliance with County. State and Federal Regulations. The Permittee shall he <br />subject to all State regulations relating to open mining and specifically shall he subject <br />to the Colorado Open Mining Land Reclamation Act of 1973. Any violation of any <br />State regulations or Statutes relating to this operation shall be grounds for immediate <br />termination of this Permit. Permittee will be responsible for insuring compliance with <br />all applicable County, State and Federal laws. This Permit in no way relieves <br />Permittee from complying with said laws and regulations and any violation of any <br />County, State or Federal regulations or statutes relating to this operation shall he <br />grounds for immediate termination of this Permit. <br />E. Rehabilitation of Site. Permittee has represented to the Board of County <br />Commissioners that the excavation created by this operation will be rehabilitated and <br />reclaimed pursuant to the requirements of the Colorado Open Mining Land <br />Reclamation Act of 1973 and pursuant to recommendations made by the Soil <br />Conservation Service. Specifically, Permitiee has represented that it is not required to <br />obtain a permit from the State of Colorado or enter into a land stabilization and <br />reclamation agreement required by the Colorado Open Mining Land Reclamation Act <br />of 1973 [o conduct this gravel extraction operation. However, Permittee, by signing <br />the Special Use Permit, does hereby make the same representations and commitments <br />as would be required by the State to the Board of County Commissioners of the <br />County of Grand regarding the stabilization and reclamation of this site. <br />F. Limitation of Liability. The Board of County Commissioners by the issuance of <br />this Permit assumes no responsibility for the operation of the site and Permittee hereby <br />covenants and agrees to hold Grand County harmless for any injury or damage which <br />may occur, of whatever type or nature, as the result of the operation contemplated by <br />this Permit. Permittee warrants that appropriate liability and hazard insurance to <br />compensate any individuals who may be injured or damaged in any manner by the <br />conduct of this use will be obtained. Permittee further warrants and agrees to <br />compensate Grand County for any expense incurred in the defense of any lawsuit or <br />other type of action which may be brought against said County as a result of said <br />Permittee's operation of this use. <br />G. Alteration ofTerms and Conditions. Should Permittee fail to comply with the <br />terms of this Permit, Grand County shall have'the right, unless otherwise provided fir <br />herein, upon ten (10) days notice in writing, to terminate this Permit and upon such <br />termination, Pennittee shall have six (6) months in which to remove all equipment and <br />stockpiled material from the property described herein. Upon Failure to do so, within <br />the specified period, Grand County may, at its option, remove such equipment and <br />materials and dispose of the same as it shall see fit. Pennittee shall reimburse Grand <br />County for any costs incurred in connection with such operation. No termination of <br />this Permit shall be made without good cause shown and any alteration of this Permit <br />shall be made only upon resolution by the Board of County Commissioners and any <br />oral representations or agreements shall be null and void and of no legal effect. <br />H. Noise and Dust. Permittee shall not allow noise and dust to create a nuisance to <br />adjoining properties. <br />I. Binding Contract. This Permit shall become a binding contract between the p.u-ties <br />hereto upon the execution hereof as provided for below. Said contract shall be binding <br />upon and inure to the benefit of the successors, heirs, assigns and personal <br />representatives of the parties. <br />L Right to Enter Site. Permittee, by accepting this Special Use Permit, concurs and <br />agrees that Grand County has the authority and mandate to require a cease and desist <br />of operations for non-compliance with any permit conditions substantiated by Grand <br />County. Permittee irrevocably consents to Grand County's right to enter the property <br />to check for compliance with permit conditions at any time during normal business <br />hours. <br />6. APPLICABLE SECTION OF ZONING REGULATIONS: <br />
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