2008-05-05_PERMIT FILE - M2008006

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Division of Reclamation, Mining and Safety Colorado Department of Natural Resources 05/01/08 Page 3 of 5 18. The cumulative adverse impact on the residents of the area given the fact that the residents are already subjected to the adverse impacts of the Kyger/Lafarge Pit and the Hall Irwin Pit that are already in operation in the immediate area. The residents of the area should not be subjected to further adverse impacts from gravel pits until the two (2) existing pits in the area have been exhausted and properly reclaimed; 19. The proposed SerFer Pit should not be approved by Division of Reclamation, Mining and Safety (the "Division") unless and until it has been reviewed and approved by Larimer County, Weld County, the Town of Windsor, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the Colorado Division of Wildlife, the Colorado State Department of Health; the Larimer County Health and Environment Department, and the Weld County Health Department. If, despite the above-stated grounds for the Division to deny the Permit Application, the Division for some reason elects to approve the Permit anyway, then the Division's approval should be made expressly conditional upon the following matters, which should all be fully and completely satisfied prior to the commencement of any development and/or operational work at the proposed SerFer Pit: 1. The Applicant should be required to provide the Division with a copy of its lease agreement with the legal title owner of the proposed site showing it legal right to use the property for its proposed use and the terms and conditions under which it may do so under that lease agreement; 2. The Applicant should be required to provide a satisfactory Traffic Impact Analysis and to make any road improvements required as a result of such study. The study should include, but not be limited to, the cumulative impact of the traffic in the area from the Kyger/Lafarge Pit and the Hall Irwin Pit, in addition to the proposed SerFer Pit; 3. The Applicant should be required to provide a satisfactorily detailed Flood Plain Analysis, Air Quality Impact Model, Colorado Air Emissions Permit, Fugitive Dust Control Plan, Colorado Process and Stormwater Discharge Permit, Stormwater Management Plan, Noise Mitigation Plan, Weed Management Plan, Fire and Flood Event Hazardous Materials Plan, Landscape and Visual Barriers Plan, Mosquitoes Control Plan, and Reclamation Plan, and to fully and completely satisfy the requirements of each. 4. The Applicant should be required to perform initial dust testing at the site prior to the commencement of either the development or operation of the SerFer Pit in order to establish baseline air quality conditions for the site; 5. A total maximum monthly trip limit from the SerFer Pit should be set, which in no event should exceed 400 trips per month;