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following the second year of operation. Payments may be suspended in any year that mining <br />operations do not occur. The City will use this money to pursue an alternative for the protection <br />of City's water intake structure. <br />6. Water Pollution Mitigation Measures. Operator shall implement the following <br />measures in order to mitigate the threat of ground water and stream pollution: <br />a) Double-wall all tanks for the storage of petroleum products; <br />b) Use biodegradable oils, if available; <br />c) Capture concrete residue and dry into products; <br />d) Impose the same standards upon any trucking company using the area for <br />storage; <br />e) Use closed, self-contained sewage tanks, pumping and disposing of <br />materials in a municipal wastewater facility; <br />t) Locate all topsoil storage along or as part of the landscape structure, and <br />not adjacent to the river; and <br />g) Provide the City a copy of the Operator's approved Spill Prevention <br />Control and Countermeasure Plan ("SPCCP"). <br />All of the aforementioned surface facilities and facilities related to the above-stated Water <br />Pollution Mitigation Measures shall he located outside of the one hundred-year flood plain of <br />the Colorado River. <br />7. Reclamation. Operator shall not begin mining a new mining area unless and until <br />reclamation has been initiated in each existing mining area. Reclamation of each mining area <br />should be completed as soon as is practicable following the cessation of mining activities therein. <br />8. Completion of Berm and Landscaping Requirements. The berm and landscaping <br />shall be installed, completed and accepted by the City in accordance with the Berm and <br />Landscape Plan approved by the City as referenced herein as Exhibit B. Operator shall phase <br />all berm and landscaping with the project, such that the berm and landscaping is in place in the <br />area and at the time that mining operations commence. Said berm and landscaping shall act as <br />a screen, shielding the Mining Operation from the public view. Further, al] topsoil storage <br />along the I-70 corridor that is not pan of the Berm and Landscape Plan is to be planted with <br />native grasses and irrigated as necessary to maintain the landscaping. <br />9. Control and Abatement of Noxious Weeds. Operator shall continuously treat and <br />eradicate any and all noxious weeds, as defined by the Colorado Department of Agriculture and <br />particularly including tamarisk and Russian Olive trees, that occur at the Mining Operation site. <br />The Mining Operation shall be subject to annual inspections by the Garfield County Weed <br />Commissioner and the Department of Agriculture, whose recommendations Operator shall <br />implement annually. <br />1:1200]~CLrntsIRIFLEIR-33NgrtemenssUfining OpAgramm.wpd <br />August g. 2001 -3- <br />