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to update the 2003 Traffic Study and is submitted as part of this amendment application - <br />See Attachment 2. <br />General Conditions <br />The applicant understands Routt County's concerns for approving uses of this type on the <br />county road system. To facilitate discussions on obligations of the applicant, the following <br />amended conditions of approval from SUP #00-341 are submitted for consideration. <br />The Special Use Permit is limited to hauling whenever Peabody Energy's Seneca <br />mines cannot supply the Hayden Station with an adequate supply of coal. <br />2. Any complaints or concerns that may arise from this operation and may be cause for <br />review of the Special Use Permit, at any time, and amendment or addition of <br />conditions, or revocation of the permit if necessary. <br />3. In the event that Routt County commences an action to enforce or interpret this <br />Special Use Permit, the substantially prevailing party shall be entitled to recover its <br />costs incurred in such action including, without limitation attorney fees. <br />4. No more than 75,000 tons can be hauled in any one month assuming 25-ton loads. <br />5. The permittee shall provide evidence of liability insurance, in the amount of no less <br />than $1,000,000 per occurrence with either unlimited aggregate or a policy <br />endorsement requiring notice to Routt County of all claims made. Routt County shall <br />be named as an additional insured on the policy. <br />6. All applicable standards set forth by the Colorado Department of Public Health and <br />. Environment, and the Routt County Department of Environmental Health shall be <br />complied with, The operation shall also comply with all Federal, State and local laws. <br />7. The approval of the SUP shall not prejudice or limit the County's ability to close the <br />road or restrict the weight limits on the road to protect the conditions of the road <br />according to Colorado Revised Statute,Section 42-4-106. <br />I--- --8. <br />i <br />;; <br />:4+ <br />A, <br />Violations of the speed limits orany-accidents by trucks-subject to this permit will be- <br />reported to the County Planning Department by the Hayden Station of the Public <br />Service Company, which may cause the review and amendment or revocation of the <br />Special Use Permit for this use. <br />9. This permit is valid for six (6) years. Tlie permit is subject to review by staff three (3) <br />years after issuance, or within 120 days after hauling begins. The applicant shall <br />submit to the Planning Department a report of tonnage hauled under this permit. <br />3 <br />c27 SUP narrative amend 00341 of 022405.doc February 24, 2005 <br />