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an agreement between the Operator and the persons having an interest in the structure that damage <br /> to the structure is to be compensated for by the Permittee or if such an agreement cannot be <br /> reached, an engineering analysis establishes no damage will occur to the structure to the <br /> satisfaction of the Division;and; <br /> 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: <br /> 1. It will employ, during and after its underground mining and/or surface operations, procedures <br /> designed to minimize environmental disturbance from such operation <br /> 2. It will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use <br /> of such lands;and <br /> 3. In the event of the failure of its proposed reclamation plan,it will take whatever measures may be <br /> necessary to assure the success of reclamation of the lands affected by such operations in <br /> 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 Pe -nittee 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 <br /> and supplemented,and the performance warranty,hereby issues a life of the mine permit to the Permittee, <br /> to engage in the operations described in the application on certain lands lying in the County of Cheyenne, <br /> State of Colorado. These lands are described in the permit application,as amended and supplemented,and <br /> 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 <br /> 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 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 <br /> able to comply with the requirements of the Act and applicable rules and regulations of the Board,the <br /> Permittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify the <br /> plans to correct such deficiencies in the future. Such modifications may require technical revisions or <br /> amendments to the permit. <br /> Page 2 of 3 <br />