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3 . Owners and the Town shall have the right to inspect the <br /> premises at any time upon giving Madison Sand prior notice of at <br /> least one (1) hour. Owners and Town may be accompanied by <br /> Madison Sand personnel while inspecting the site . <br /> 4 . The operation shall be a phased operation with no more <br /> than five (5) acres being actively mined at any particular time. <br /> Areas from which all useable material has been extracted shall be <br /> restored as soon as practicable . <br /> 5 . Restoration shall consist of returning the land to its <br /> current use , productive farm land in accordance with all state <br /> and/or county regulations and/or requirements . No topsoil or <br /> subsoil shall be removed from the site. It shall be stockpiled <br /> as berms on the premises. The berms shall be located so as to <br /> screen the operation as best as practicable. No foreign material <br /> shall be buried on the site. <br /> 6 . The hours of operation shall be between 6 : 30 a.m. and <br /> 7 : 00 p.m. Monday through Friday. Special permits may be obtained <br /> from the Town for Saturday or Sunday operation. <br /> 7 . No permanent structures shall be erected on the site. <br /> 8 . Excavation of the site shall be limited in depth so that <br /> it does not extend below the groundwater . <br /> 9 . Madison Sand shall be solely responsible for drainage <br /> control so as to control movement and drainage of water to lands <br /> outside of and surrounding the operation. Ponding of water shall <br /> be restricted so that there are no more than three (3) acres of <br /> ponded water, one (1) foot deep, on the site at any one time. <br /> Said ponded water shall be pumped out at least every thirty (30) <br /> days . 0b 1417 <br /> -2- <br />