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SHE <br />3. The proposed mining and reclamation operations can be carried out in conformance with the <br />requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during and after <br />its underground mining and/or surface operations, procedures designed to minimize environmental disturbance from <br />such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial <br />use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it will take whatever <br />measures may be necessary to assure the success of reclamation of the lands affected by such operations in <br />accordance with the Act. <br />F. A copy of the Permittee's application, as amended and supplemented, has been approved by the <br />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 applicable <br />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 amended and <br />supplemented, and the performance warranty, hereby issues a life of the mine permit to the Permittee, to engage in the <br />operations described in the application on certain lands lying in the County of Kit Carson, State of Colorado. These <br />lands are described in the permit application, as amended and supplemented, and are referred to herein as the <br />"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 rules and <br />regulations of the Board, as amended from time to time, the terms of the permit application, the terms of the <br />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 of this <br />permit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring and <br />experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to comply <br />with the requirements of the Act and applicable rules and regulations of the Board, the Permittee hereby agrees to <br />exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the <br />future. Such modifications may require technical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permitted operation at all <br />reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and Regulations, <br />and permit have been complied with pursuant to C.R.S. 34- 32.5 -121. <br />5) This permit may be revoked or suspended for non - compliance with the Act or applicable rules or <br />regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />