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Motion for Conditions Permit Application No. M-2005-080 Page 7 of 9 5. Wildlife imaQcts. Proposed condition. Prior to the commencement of any disturbance at the site, Applicant shall prepare and submit to the Division a study showing the mountain plover or any other protected species is not found on or neaz the site. Rationale. Exhibit H to the Application identifies the presence of the mountain plover, a state species of special concern, within two miles of the site in Section 16, Township 10 South, Range 77 West of the 6"' P.M. Objectors may offer anecdotal evidence of the presence of the mountain plover at the site. Actual studies by a professional in the field are necessary to show this species will not be affected by excavation on the site. 6. Air Oualit~. Proposed condition. No excavation or disturbance shall commence under the permit until the Applicant has obtained a valid air quality emissions permit from the Colorado Department of Public Health and the Environment (CDPHE). The Applicant shall comply with all terms and conditions of the CDPS permit, and with any amendments or modifications that may occur during the life of the 112 reclamation permit. Rationale. In Exhibit M to the Application, the Applicant claims that it has submitted a fugitive dust plan and APEN to the CDPHE, but no such application has been submitted into the record. 7. Operation Requirements: Proposed condition. The operations shall be in accord with the following: a) 8 am - 5 pm Monday-Friday operation only. b) Anew batch plant will be purchased for the operation. This new plant will have increased dust control features from his present model. c) Aggregate will be stored in a building and will not be visible from outside. This also protects the aggregate from freezing. d) A screening plant will be used to separate most of the material. Some rocks will be stockpiled to be crushed later.