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AN ORDINANCE AMENDING THE CITY OF FOUNTAIN, SOUTHWEST OF THE I-25 AS FOUNTAIN COLONY. ORDINANCE N0. 766 ORDINANCE N0. 396, AND THE ZONING MAP OF COLORADO, RELATING TO 312 ACRES LOCATED INTERCHANGE (EXIT 128} AN AREA ALSO RNG:BN NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fountain, Colorado: Section 1. The zoning map of the City of Fountain, as set forth in Ordinance No. 396, is hereby amended by rezoning the real property described in Exhibit A, attached hereto and incorporated by reference herein, from PZ-C to PZ-I, pursuant to the zoning ordinances of the City of Fountain, subject to the following conditions: 1. Prior to beginning mining operations on the property, all the necessary local, state and federal permits shall be obtained, including, but not limited to, Mined Land Reclamation Permit, Fugitive Dust Permit, Stationary Source Air Pollution Emissions Permit, and copies of the permits shall be provided to the City of Fountain. 2. Prior to beginning mining operations, design plans for detention ponds or sediment traps which prevent storm water from carrying sediment off the property be approved by the City Engineer. 3. The permitted use of the property shall be limited to mining and processing. No other use of the property shall be permitted until a master plan has been approved by the City Council. 4. The permitted use of the property as mining and processing shall apply only to that portion of the property covered by the Mined Land Reclamation Permit. Approval from the City Council shall be necessary for further expansion of mining operations. 5. Prior to beginning mining operations on the property, a phasing plan for extraction and reclamation shall be approved by the City Manager. 6. No portions of the mining and processing operation shall be visible from I-25 until the reclamation phase commences. Page 2 of 5 Exhibit M