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-2- <br /> 3. The proposed mining and reclamation operations can be carried out in <br /> conformance with the requirements of the Act,and the Hard Rock/Metal Mining Rules and Regulations. <br /> E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ,during <br /> and after its underground mining and/or surface operations, procedures designed to minimize environmental <br /> disturbance from such operation;2) that it will provide for reclamation of the Affected Lands appropriate to <br /> the subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed <br /> reclamation plan, it will take whatever measures may be necessary to assure the success of reclamation of <br /> the lands affected by such operations in accordance with the Act. <br /> F. A copy of the Permittee's application,as amended and supplemented,has been approved by <br /> the Board and is,by this reference, incorporated herein. <br /> G. The issuance of this permit does not relieve the Permittee from having to comply with all <br /> applicable Federal, State and County statutes, including State water law. <br /> GRANTS,CONDITIONS AND AGREEMENTS <br /> The Board, in reliance upon the representations and promises made in the permit application, as <br /> amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br /> Permittee, to engage in the operations described in the application on certain lands lying in the County of <br /> Chaffee, State of Colorado. These lands are described in the permit application, as amended and <br /> supplemented,and are referred to herein as the "Affected Lands". <br /> This permit is issued subject to the following conditions and agreements: <br /> 1) The Permittee will be bound by all applicable requirements of the Act, and all applicable <br /> rules and regulations of the Board, as amended from time to time, the terms of the permit application, the <br /> terms of the performance warranty,and the terms of the financial warranty filed with the Division. <br /> 2) The Permittee will file with the Division its annual report and fees on each anniversary date <br /> of this permit. <br /> 3) If analyses of the mining and reclamation operation and the data collected through <br /> monitoring and experimentation by the Permittee or monitoring by the Division indicate that the operation <br /> will not be able to comply with the requirements of the Act and applicable rules and regulations of the <br /> Board,the Pennittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify <br /> the plans to correct such deficiencies in the future. Such modifications may require technical revisions or <br /> amendments to the permit. <br /> 4) The Board, or its authorized representative may enter upon the lands of the permitted <br /> operation at all reasonable times for the purpose of inspection to determine whether the provisions of the <br /> Act, Rules and Regulations,and permit have been complied with pursuant to C.R.S.34-32-121. <br /> 5) This permit may be revoked or suspended for non-compliance with the Act or applicable <br /> rules or regulations promulgated by the Board,the permit,or by violation of a Board Order. <br />