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W2 <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 that: 1) 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) it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) in the event of the failure of its proposed reclamation plan, <br />it will take whatever measures may be necessary to assure the success of reclamation of the lands affected <br />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 />Mesa, 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 />I ) 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 Permittee 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 />