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4. The applicant shall use appropriate mitigation measures and best industry practices to reduce nuisance <br />impacts to adjacent property owners to the extent practicable. <br />5. The applicant is responsible for dust control or suppression on site and along the haul road, and musl <br />conform with State of Colorado standards. <br />6. All exterior lighting at the facility shall be downcast and opaquely shielded so that the source bulbs shall not <br />be visible from adjacent properties. <br />7. If a different rail spur is approved and constructed that would be used to supply coal to the Hayden Station, <br />this facility can only be used for emergency coal supplies. <br />8. The applicant shall be required to comply with the Routt County's 'Erosion and Sedimentation Control During <br />Construction' best management practice guidelines. <br />9. The cost of repairs due to damage done to any property in the process of constructing the project, including <br />damage to public roads, will be borne by the applicant. <br />10. The applicant will make all necessary provisions in conformance with safety requirements for maintaining the <br />flow of public traffic, and will conduct construction operations so as to offer the least possible obstruction and <br />inconvenience to public traffic. The applicant shall notify the Routt County Sheriff, the Planning Department, <br />and the school district (if operating during times that might conflict with school bus traffic) prior to the <br />commencement of transportation of construction equipment that would impair the safe and efficient Flow of <br />traffic on public roads. <br />11. If a separated-grade crossing is required at U. S. Highway 40, before issuance of the permit a visual analysis <br />depicting the appearance of the proposed crossing and preliminary construction plans shall be submitted to <br />the Planning Director. Such analysis shall include comments from CDOT. <br />12. The applicant shall be responsible for maintenance of the rail spur and any project fencing. <br />13. Prior to initiating operations under this SUP, the applicant shall submit to the Planning Director plans for <br />reclamation of the rail spur and facilities once the use has ended, demonstrating compliance with applicable <br />reclamation requirements of the Colorado Division of Minerals and Geology. <br />14. The landscape plan for The Haven will be approved by the Planning Director. <br />15. County Road 37 shall not be blocked at the rail crossing while coal cars are being unloaded. <br />16. The permittee shall work with Routt County Road and Bridge to create turnarounds on both sides of the rail <br />crossing of County Road 37 and to sign and temporarily use a section of the tie-cross haul road between <br />County Road 37 and County Road 53 for public use. <br />General Conditions <br />1. The Special Use Permit is limited to the operation presented in the approved project plan. Any additional <br />uses or facilities must be applied for in a new or amended application. The operation shall be reviewed by <br />Planning staff annually. <br />2. Any complaints or concerns that may arise from this operation may be cause for review of the Special Use <br />Permit at any time, with amendment of addition of conditions or revocation of permit, if necessary. <br />3. The operator shall prevent the spread of noxious weeds to surrounding lands, and comply with the Colorado <br />Noxious Weed Act and the Routt County Noxious Weed Management Plan. <br />4. In the event that Routt County commences an action to enforce or interpret this Special Use Permit, the <br />substantially prevailing party shall be entitled to recover its costs incurred in such action, including, without <br />limitation, attorney fees. <br />5. No junk, trash, or inoperative vehicles shall be stored or allowed to remain on the property. <br />6. Fuel, flammable materials, and hazardous materials shall be kept in a safe area. <br />7. The permitee shall provide evidence of liability insurance in the amount of no less than $1,000,000 per <br />occurrence with either unlimited aggregate or a policy endorsement requiring notice to Routt County of all <br />claims made. Routt County shall be named as an additional insured on the policy. <br />2 <br />