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10. Slope and Appearance of Mine Ponds. Subject to such conditions/limitations that <br />other reviewing regulatory agencies and authorities may place upon Operator, the company shall <br />make the shape of the mining ponds curvilinear and the side slopes gradual by benching and <br />adding material back into at least one side of each pit. Operator also shall incorporate wetlands <br />concepts regarding the boxy appearance and depth of ponds, as set forth in the November 5, <br />20001etter of the Division of Wildlife to the Division of Minerals and Geology, attached hereto <br />as Exhibit C and incorporated herein by reference. <br />11. Road Paving and Maintenance. To minimize airborne dust and particulates, <br />Operator shall pave (chip and seal) the frontage road from the intersection of the west-bound exit <br />of I-70 to the westerly boundary of the Mining Operation, in order to provide a hard surface <br />during the period of operation. The Operator shall provide mechanical street sweeping of the <br />frontage road immediately following wet periods, as necessary. Further, the Operator shall <br />apply magnesium chloride to all gravel interior roads, as needed. <br />12. Concrete Recycling. Operator agrees to accept scrap concrete from the public at <br />no cost, and will purchase and operate a concrete recycling operation in connection with the <br />Minting Operation. <br />13. Noise Abatement. Operator shall comply with all applicable provisions of C.R.S. <br />§ 25-12-101, et seq., regarding noise abatement, throughout its mining operations. In particular, <br />the mining operations and activities associated therewith shall not exceed the maximum <br />permissible noise levels as set forth in C.R.S. § 25-12-103(1). <br />B. Requirements of the City of Rifle <br />14. Participation in Federal, State and Local Agencv Permit Applications. The City <br />of Rifle agrees to withdraw its objections from Operator's DMG and Clean Water Act §§ 401 <br />and 404 permit applications. However, the City will send a copy of this Agreement to the <br />DMG, the State Water Quality Control Division and the Army Corps of Engineers, and will <br />request that those agencies make Operator's compliance with this Agreement a term and <br />condition of any and all permits issued by those agencies for the Mining Operation. The City <br />may provide a copy of this Agreement to any other federal, state or local permitting agency and <br />request that Operator's compliance therewith be made a term and condition of those agency <br />permits as well. <br />The City of Rifle's Watershed District Permitting process notwithstanding, the City will <br />not oppose any of the Operator's other federal, state and local agency permit applications. The <br />City will notify all relevant permitting agencies that, so long as all requirements for issuance of <br />the agencies' permits have been satisfied, the City of Rifle supports the issuance of those <br />permits. The Operator will provide the City copies of any and all permit applications and <br />1: VA01\Clienu\RIFLE\R-7JUgrtemenrs\Mming Op Agrtemenl.wpd <br />August 8, 2001 -4- <br />