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-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the Cons[[udion Material Rules and Regukations. <br />E. The Permittee has made a showurg 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 mvironm~tal <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent bermeficial use of such lands; and 3) that, in the evenrt ofthe failure of its proposed reclamation plan, it <br />will take whatever measures maybe necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy of the Permittee's application, as amended and supplemerted, has been approved by the <br />Board and is, by this referezrce, incorporated herein. <br />G. The issuance of this perrnit does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, includmg State water law. <br />GRANTS, CONDITIONS AND AGREEMENTS <br />The Board, in reliance upwr the r~rescetations and promises made in the permit application, as <br />am~mded and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Permittee, to engage in the operations described in the application on certain lands lying in the County of Conejos, <br />State of Colorado. These lands are described in the pemmit application, as amended and supplemerted, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following cornditions and agreements <br />1) The Pemrittce will be bound by all applicable requirements of the Ad, and all applicable rules <br />and regulations of the Board, as amended from tune to time, the terms of the pemtit application, and the terms of <br />the performance warranty filed with the Division. <br />2) The Pemmittce wi1161e with the Division its annual report and fees on eadr anniversary date of <br />this permit. <br />3) If analyses of the minitmg and reclamation operation and the data collected through monitoring <br />and e>cperimartation by the Pemnittee or monitoring by the Division indicate that the operation will nut be able to <br />comply with the regmriremerts of the Ad and applicable nmles and regulations of the Board, the Permittee hereby <br />agees to exercise its best efforts, after carmsulturg with the Division, to modify the plans to correct. such <br />deficiencies in the fixture. Such modifications may require technical revisions or arnandmarts to the permit. <br />4) The Board, or its authorized representative may eter upwn the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Ad, Rules and <br />Regulations, and permit have bean complied with putsuarrt to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for nar-compliance with the Ad or applicable Hiles <br />or regulations promulgated by the Board, the permit, or 6y 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 />