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E. The Permittee has made a showing satisfactory to the Board that: <br /> l. 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 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 <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 Weld, <br /> State of Colorado. These lands are described in the permit application,as amended and supplemented, <br /> 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 <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 /> 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 <br /> and Regulations,and 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 /> 6) a) Pursuant to 34-32.5-118(5)of the Act,the Board has a right of entry to reclaim the lands affected <br /> by the operation or to respond to an emergency as defined by C.R.S. 34-32.5-121(2). <br /> [2] <br />