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<br /> <br />-2- <br />3. The proposed mining and reclamation operations can be carried out in canfommance <br />with the requirements of the Ad, and the Coostrudion Material Rules and Regulations. <br />E. The Pennittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, procedures desieped to minimi~a etrvtronmerrtal <br />disturbance from such operation; 2) that ¢ will provide for reclamation of the Affected Lands appropriate to the <br />subsequerrt beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, rt <br />will take whatever measures may be necessary to azsure the success of reclamation of the lands affecxed by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Permittee's apphcation, az amended and supplemented, has been approved by the <br />Board and is, by this referamce, incorporated herein. <br />G. '[lie issuance of this pemmit does nd reheve you from having to conymly with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDff10NS AND AGREEMENTS <br />The Board, in reliance upon the represamtations and promises made um the pemmit application, as <br />amended and supplerrmarted, and the performance wananty, hereby issues a life of the mine permit to the <br />Pertnittee, to engage ¢r the operations described in the appficaticn on certain lands lying itm the County of Elbert, <br />State of Colorado. These lands are described in the permit application, as amended and supplemented, and are <br />referred to herein az the "Affeded Lands". <br />This pemut is issued subjed to the following conditions and agreements <br />1) The Pemmiuee will be bound by all applicable requiremarts of the Ad, and all applicable rules <br />and regulations of the Board, az amended from time to time, the temms of the permit appbcation, and the terms of <br />the performance warranty filed with the Division. <br />2) The Pemmivee will file with the Division its annual rgmort and fees on eadm anniversary date of <br />this pemmit. <br />3) ff analyses of the mining and reclamation operation and the data colleded through monitoring <br />and experimentation by the Pemmittee or monitoring by the Division indicate that the operation will nd be able to <br />corrmply with the requirements of the Ad and applicable Hiles and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after consuhing with the Division, to modify the Alarms to corned such <br />defici®cies in the future. Such modifications may require technical revisions or amerdmermts to the pemmit. <br />4) The Board, or its authorized representative may enter upon the lands of the pemtitted operatics <br />at all reasonable times for the purpose of inspediw to determine whether the provisions of the Ad, Rules and <br />Regulations, and permit have been compbed with pursuant to C.R.S. 34-32.5-121. <br />5) This pemmit may be revoked or suspended for noncompliance with the Ad or apphcable roles <br />or regulations promulgated by the Board, the pemmit, or by violation of a Board Order. <br />6) a) Pursuarrt to 34-32.5-118(5) of the Ad, the Board has a right of entry to reclaim the <br />lands affec7ed by the operation, or to respond to an emergency az defined by C.R S. 34-32.5-121(2). <br />