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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 that: 1) it will employ, during and after its <br /> underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such <br /> operation; 2) it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such <br /> lands; and 3) in the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary <br /> to assure the success of reclamation of 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 the Board <br /> 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 Moffat, State of Colorado. These lands are <br /> described in the permit application,as amended and 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 rules and <br /> regulations of the Board, as amended from time to time,the terms of the permit application,the terms of the performance <br /> 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 future. <br /> 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,and <br /> 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 />