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(c) The coal loading facility shall be operate~ in accordance with the terms and conditions of a lease agreement entered into by and between Portsmouth Port and Industrial Commission and M. Shawver Associates, Inc. (d) The execution of an agreement to be entered into by and between the City of Portsmouth and Portsmouth Port and Industrial Commission for the administration of the lease agreement entered into by and between Portsmouth Port and Industrial Commission and M. Shawver Associates, Inc. (e) The operators shall present an operational plan acceptable to the City of Portsmouth or its designated represent- ative which plan shall address the construction, maintenance and operation of the facility, the environmental controls to be provided to avoid any negative environmental impact of the facility and the movement of rail traffic through the City and within the port area in a manner which will result in a minimum of interference with vehicular traffic. The plan shall include, but not be limited to, the following: (1) If violations of the use permit and/or the operational plan occur the City Manager of the City of Portsmouth, or his designated representative, shall be empowered to require that operation of the facility or any part thereof, be discontinued until proper corrective action has been taken. (2) The spray system will be sized to add additional sprays, at the dump or other locations, if required to reduce the dust to the level of opacity as cited in the Virginia State Air Pollution Control Board Permit. The operator shall have a self-monitoring plan set up to assure that this level of opacity is not reached, and if it is reached, operations shall be discontinued until proper corrective action has been taken. (3) The dump building shall be lined with sound absorbing panels or with fire retardant foam to reduce the noise level of car shake out units. (4} The groundwater sump in the dump building, whose primary function is to collect groundwater around the pit and thereby lower the hydrostatic pressure, shall be installed in a pit sealed to prevent contamination by coal dust and other spillage. (5) Provisions shall be made to spray a crusting or binding agent on the coal storage pile if the opacity reaches or is expected to reach, due to forecasted high winds, the opacity level cited in the Virginia State Air Pollution Control Board Permit. (6) The operator shall monitor the settlement pond discharge system and stream by routine sampling and analysis to insure that it meets the quality of effluent water as stated in the NPDES Permit. This monitoring shall include, but not necessarily be limited to, monitoring at least one time each month for the following: