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CONDITIONS: <br />CONDITIONS PRECEDENT <br />(to be completed prior to relocation of the Colorado Cooperative Company's West Lateral Ditch) <br />1. Obtain written agreement between Western Fuels - Colorado and Colorado Cooperative <br />Company, or obtain other enforceable right, authorizing . the relocation of the West Lateral <br />Ditch; and provide a copy to the County Land Use Department. <br />(to be completed prior to expansion of mining operations north of BB Road or west of 27.00 <br />Road) <br />2. Obtain County Driveway and Access Permits for the proposed six driveway <br />accessestcrossings. <br />3. Obtain approval /confirmation from the San Miguel Basin Weed Control Board that the weed <br />control plan will meet their requirements for the control of noxious weeds. <br />4. Provide a copy of the Storm Water Discharge Permit or the NPDES Permit from the <br />Colorado Department of Public and Health & Environment, if applicable. <br />5. Provide a copy of the Fugitive Dust Control Permit from the Colorado Department of Public <br />and Health & Environment. <br />6. Provide a written conflict resolution procedure that will effectively manage and mitigate <br />citizen complaints that might arise from operation of the mine. <br />7. The Main BB Road Detour shall be designed such that the minimum sight distance is <br />maximized to the extent practicable. The Road shall be designed and constructed such that it <br />may be posted at 25 MPH. The design shall be submitted the County Engineer for approval. <br />Maintenance of the Detour shall remain the responsibility of Western Fuels - Colorado for its <br />operational life. <br />8. The 27.00 Road Crossing shall be designed by Western Fuels - Colorado and shall be <br />constructed only after obtaining approval of the design from the County Engineer. <br />CONDITIONS SUBSEOUENT <br />(to be complied with during the life of the project) <br />1. Operate the piped section of the relocated West Lateral Ditch in conformance with the <br />agreement between Western Fuels- Colorado and Colorado Cooperative Company or other <br />enforceable right obtained by Western Fuels authorizing relocation of the West Lateral Ditch. <br />Alternatively if agreement or other enforceable right is not obtained, the West Lateral Ditch <br />shall be operated pursuant to Section IV. 6. D. (6) (d), Montrose County Zoning Resolution. <br />2. Conduct Fugitive Dust Control measures in compliance with the Colorado Department of <br />Public and Health & Environment's Fugitive Dust Control Permit. <br />3. Conduct weed control measures in compliance with the San Miguel Basin Weed Control <br />Board's weed control plan. <br />REVISED JULY 2006 Attachment 2.05.3(3) -8 -34 <br />