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9.1 Impact Mitigation Plan <br />1. Conformance to Master Plan - Surface coal mining, strip mining, is not listed as a <br />"use-by-right" or a "prohibited right" in the General Agricultural zoning, <br />therefore it falls in the category of a "special use". This Application is requesting <br />authorization as a special use of the General Agricultural zoned land. <br />2. Application and support documents - The application, narrative and other support <br />documents were designed to provide a general description of the operation and <br />reclamation of the New Horizon North Mine. More detailed descriptions and <br />design information will be submitted to Colorado Division of Reclamation, <br />Mining and Safety in a Mining and Reclamation Permit application. Additional <br />information can be supplied to the Montrose County Planning and Development <br />Department upon request. A copy of the current Mining and Reclamation Permit <br />is on file at the Montrose County Annex, located at 300 Main Street in Nucla, CO. <br />The file is continually updated as revisions are made. Prior to mining on this new <br />lease area, the Permit Application will be updated to cover detailed information <br />on this new area. <br />3. Conformance with standards in County Zoning Resolution - Standards have not <br />been established specific to surface mining of coal. The Mine will comply with <br />the Parking and Loading standards. The detailed operations area design has not <br />been completed. Parking and loading will be designed around the office, <br />bathhouse and warehouses to accommodate employees, suppliers, inspectors and <br />visitors. The parking and loading areas will be graveled in compliance with <br />provisions for General Agricultural zoning. <br />4. Impact mitigation - The narrative discusses impact mitigation including: <br />scheduling, water rights, dust control, site drainage, weed control, reclamation <br />and other aspects of the operation. Impact mitigation for the haul road for coal <br />delivery to the Nucla Power Station has been part of previous Special Use Permits <br />for Western Fuels operations. An additional mitigation plan will be developed for <br />new portions of roads and a bridge to be impacted by this mining operation. <br />Developing an improvements agreement addressing the roads and bridge will be <br />part of the SUP approval process. <br />5. "Best interest of the public" considerations - Permitting and operation of this coal <br />mine will place the operation under multiple federal, state and County regulations. <br />The Applicant recognizes and will honor regulations on labor, health and safety, <br />water rights, water quality, air quality, weed control, reclamation and other issues <br />that are designed to promote the best interest of the public. <br />6. Non-conforming parcel - The parcel of land upon which this mine will operate is <br />not a non-conforming parcel. <br />7. Application completeness - At the time of this application, the Applicant has <br />attempted to address all requirements of the application guidelines. County fees <br />and review costs will be paid in a timely manner. Further requests for <br />information and disclosures identified in the review process will be <br />accommodated by the Applicant or variances will be requested. <br />Page 15