2008-05-05_PERMIT FILE - M2008006

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ivision of Reclamation, Mining and Safety Colorado Deparhnent of Natural Resources 05/01/08 Page 4 of 5 6. The Applicant should be required to pay all Town, County, and Regional Road Capital Expansion Fees applicable to the SerFer Pit for all necessary road expansion and improvement, and should be required to dedicate the land necessary to accommodate all such road expansion, improvement, and maintenance; 7. The hours of operation should be limited to 7:00 A.M. to 5:00 P.M., or dark, whichever comes first, Monday through Friday, and 7:00 A.M. to Noon, on Saturday. The SerFer Pit should be closed on Sundays and all national and state holidays. No lights should be permitted at the SerFer Pit; 8. No concrete or asphalt batch plants should be allowed on the site; 9. The Applicant should be required to establish and maintain a telephone hotline to inform the public of the status of monitoring and operation of the SerFer Pit. The hotline should also allow the public to provide feedback to the Applicant and register concerns about the operation and monitoring of the SerFer Pit; 10. The Applicant should be required to hold quarterly public meetings throughout the duration of the SerFer Pit's operation as a forum to advise neighboring residents and homeowners' associations of issues concerning the SerFer Pit and the resolution of those issues, and to address questions, concerns, and issues raised by such residents and homeowners' associations at such meetings; 11. The Applicant should be required to satisfactorily show the Division that it has the rights to sufficient augmentation water to address the evaporation that will occur at the reclaimed pit and to keep the required reclamation landscaping and trees properly irrigated to permanently survive; 12. The Applicant should be required to post a corporate surety bond, an irrevocable letter of credit, a certificate of deposit, or a cash escrow account as a performance and financial warranty in a satisfactory amount and of a satisfactory duration to assure that all of Applicant's duties, obligations, expenses, and costs involved in the above-listed conditions of the approval of the Permit Application are satisfactorily performed and paid for, and such performance and financial warranty should not be released until the Applicant has satisfactorily demonstrated to the Division such performance and payment; 13. The Permit for operation of the SerFer Pit should expressly automatically expire no later than forty-eight (48) months after it has been approved by the Division; 14. The Division's approval of the Permit Application should expressly state that if the Applicant does not commence the actual operation of the SerFer Pit within three (3) years of the approval date, then the approval shall automatically expire and be null and void without notice or any further action on the part of the Division.