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i <br /> damage to the structure i to be compensated for by the Permittee or if such an agreement cannot <br /> be reached, an enginee ing analysis establishes no damage will occur to the structure to the <br /> satisfaction of the Divisi n;and; <br /> 3. The proposed mining a d reclamation operations can be carried out in conformance with the <br /> requirements of the Act,hand the Construction Material Rules and Regulations. <br /> E. The Permittee has made a sh�wing satisfactory to the Board that: <br /> I. It will employ, during a d after its underground mining and/or surface operations, procedures <br /> designed to minimize en ironmental disturbance from such operation <br /> 2. It will provide for recla tion of the Affected Lands appropriate to the subsequent beneficial use <br /> of such lands;and <br /> 3. In the event of the failur of its proposed reclamation plan, it will take whatever measures may <br /> be necessary to assure t e success of reclamation of the lands affected by such operations in <br /> accordance with the Act. <br /> F. A copy of the Permittee's a plication, as amended and supplemented, has been approved by the <br /> Board and is,by this referenc ,incorporated herein. <br /> G. The issuance of this permit d es not relieve the Permittee from having to comply with all applicable <br /> Federal, State and County sta utes,including State water law. <br /> GRA TS CONDITIONS AND AGREEMENTS <br /> The Board,in reliance upon the r resentations and promises made in the permit application,as amended <br /> and supplemented, and the pe rmance warranty, hereby issues a life of the mine permit to the <br /> Permittee,to engage in the operat ons described in the application on certain lands lying in the County of <br /> El Paso, State of Colorado. T ese lands are described in the permit application, as amended and <br /> supplemented,and are referred to erein as the"Affected Lands". <br /> This pen-nit is issued subject to th following conditions and agreements: <br /> I) The Permittee will be bound y all applicable requirements of the Act, and all applicable rules and <br /> regulations of the Board,as a ended from time to time,the terns of the permit application,the terms <br /> of the performance warranty, d the terms of the financial warranty filed with the Division. <br /> 2) The Permittee will file with t e 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 Permi#ee or monitoring by the Division indicate that the operation will not <br /> be able to comply with the req irements of the Act and applicable rules and regulations of the Board, <br /> the Permittee hereby agrees to exercise its best efforts, after consulting with the Division,to modify <br /> the plans to correct such de ciencies in the future. Such modifications may require technical <br /> revisions or amendments to th permit. <br /> Page 2 of 3 <br />