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-2- <br /> 3 . The proposed mining and reclamation operations can be <br /> carried out in conformance with the requirements of the Act, and the <br /> Construction Material Rules and Regulations. <br /> E. The Permittee has made a showing satisfactory to the Board: <br /> 1) that it will employ, during and after its underground mining and/or <br /> surface operations, procedures designed to minimize environmental <br /> disturbance from such operation; 2) that it will provide for <br /> reclamation of the Affected Lands appropriate to the subsequent <br /> beneficial use of such lands; and 3) that, in the event of the failure <br /> of its proposed reclamation plan, it will take whatever measures may <br /> be necessary to assure the success of reclamation of the lands <br /> affected by such operations in accordance with the Act. <br /> F. A copy of the Permittee's application, as amended and <br /> supplemented, has been approved by the Board and is, by this <br /> reference, incorporated herein. <br /> G. The issuance of this permit does not relieve you from having <br /> to comply with all applicable Federal, State and County statutes, <br /> including State water law. <br /> GRANTS, CONDITIONS AND AGREEMENTS <br /> The Board, in reliance upon the representations and promises made <br /> in the permit application, as amended and supplemented, and the <br /> performance warranty, hereby issues a life of the mine permit to the <br /> Permittee, to engage in the operations described in the application on <br /> certain lands lying in the County of Weld, State of Colorado. These <br /> 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 <br /> agreements: <br /> 1) The Permittee will be bound by all applicable requirements <br /> of the Act, and all applicable rules and regulations of the Board, as <br /> amended from time to time, the terms of the permit application, the <br /> terms of the performance warranty, and the terms of the financial <br /> warranty filed with the Division. <br /> 2) The Permittee will file with the Division its annual report <br /> and fees on each anniversary date of this permit. <br /> 3) If analyses of the mining and reclamation operation and the <br /> data collected through monitoring and experimentation by the Permittee <br /> or monitoring by the Division indicate that the operation will not be <br /> able to comply with the requirements of the Act and applicable rules <br /> and regulations of the Board, the Permittee hereby agrees to exercise <br /> its best efforts, after consulting with the Division, to modify the <br /> plans to correct such deficiencies in the future. Such modifications <br />