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-~- <br />3. The proposed mirring and reclamation operations can be carried out in confomrarrce <br />with the requiremenu of the Act, and the Construction Material Rules and Regulaiions. <br />E. The Pernuttee 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 designed to minimi~r. environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event ofthe failure of its proposed reckunarion plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Act. <br />F. A copy of the Pemrittce's application, as amended and supplemented, has been approved by the <br />Board and is, by this referatce, incorporated herein. <br />G. The issuance of this permit does not relieve you from having to comply with all apphcable <br />Federal, State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the permit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine pemtit to the <br />Perndttee, to engage in the operations described in the application on certain lands lying in the Courtly of Mesa, <br />State of Colorado. These lazrds are described ur the pernit application, as ameuded and supplemcrrted, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements <br />1) The Pemiittee will be bound by all applicable requirements of the Act, and all apphcable rules <br />and regulations of the Board, as amended from time to time, the terms of the pemut application, and the terms of <br />the performance warranty filed with the Division. <br />2) The Pemuttce will file with the Division its annual report and foes on each anniversary date of <br />this pemrit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemuttee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable rules and regulations of the Board, the Pemrittce hereby <br />agrces to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require technical revisions or amendments to the pernit. <br />4) The Board, or its authorized representative may enter upon the lands of the pemvtted operation <br />az all reasonable times for the purpose of inspection to detemune whether the provisions of the Act, Rules and <br />Regulations, and pemtit have been comphed with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncomphance with the Act or apphcable roles <br />or 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 Ad, the Board has a right of entry to reclaim the <br />lands affected by the operation, or to respond to an emergency as defined by C.R.S. 34-32.5-121(2). <br />