Item 1: PH on Ordinance Amending Metro Plan (Delta Sand and Gravel)

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Exhibit C Ordinance No. PA 1238 Metro Plan Amendment and Rezone Delta Property Company Conditions Necessary to Minimize Conflicts are Required to Become Part of Any Operation Plan Reviewed or Approved under LC 16.217 ______________________________________________________________________ NOISE mitigation All Zones: 1. Begin first and second lift mining operations no earlier than 7:00AM and end mining operations no later than 10PM. 2. Retain the administrative controls of restricting the location of mining equipment to reduce mining noise. 3. Take advantage of the screening effect provided when the equipment is below grade. 4. First and second lift mining operations may be conducted separately or simultaneously. Zone 1 5. No additional restrictions beyond adhering to the time limit above, conduct normal mining procedures for all three lifts. Zone 2 6. Excavator removes a second lift of 18’ of material by digging from the base of the second lift (digging from below) when the excavator is within 800’ of the western boundary of the Expansion Area. 7. If the front end loader is operating at the same time as the excavator, the excavator must be 1500’ or more away from any point on the western boundary of the Expansion Area that is within 800’ of the front end loader. Zone 3 Same restrictions as Zone 2 plus the following additional controls: 8. After overburden is removed, the front end loader removes a first lift of 13’ of material by digging from the base of the first lift when the front end loader is within 550’ of the western boundary of the Expansion area. Ordinance No. PA 1238 – Exhibit C Conditions Delta Sand & Gravel Page 1