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1. It will employ, during and after its underground mining and/or surface operations, procedures designed to <br /> minimize environmental disturbance from such operation <br /> 2. It will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; <br /> and <br /> 3. In the event of the failure of its proposed reclamation plan,it will take whatever measures may be necessary to <br /> 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 and is, by <br /> this reference, incorporated herein. <br /> G. The issuance of this permit does not relieve the Permittee from having to comply with all applicable Federal, State <br /> 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 Weld, State of Colorado. These lands <br /> are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected <br /> 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 regulations of <br /> the Board,as amended from time to time,the terms ofthe permit application,the terms of the performance warranty, <br /> 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 permit. <br /> 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation <br /> by the Permittee or monitoring by the Division indicate that the operation will not be able to comply with the <br /> requirements of the Act and applicable rules and regulations of the Board,the Permittee hereby agrees to exercise <br /> 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 reasonable <br /> 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 regulations <br /> promulgated by the Board,the permit,or by violation of a Board Order. <br /> 6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim the lands affected by the <br /> operation or to respond to an emergency as defined by C.R.S.34-32.5-121(2). <br /> b) The Board will enter the lands to perform reclamation only if the Board has determined that: <br />