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<br />-2- <br />3. The proposed mining and ralamation operations can be carried out in coNbrmance <br />with the requirement, of the Act, and the Conswction Material Rules and Regulations. <br />E. The Perntittee has made a showing satisfactory to the Board: 1) that i[ will employ, during and <br />after its underground muting and/or surface operations, procedures designed to minimize environmental <br />disturbance Gom 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 of the failure of its proposed redantation plan, i[ <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 Perntittee's application, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve you 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 pmntises made in the permit application, as <br />amended and supplemented, and the performance watranty, hereby issues a life of the none permit to the <br />Perntittee, to engage in the operations described in the application on certain lands lying in the County of <br />Fremont, 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 agrtx•.ments: <br />1) The Perntittee will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board as amended lrom time to time, the terms of the permit application, the tuns of dte <br />performance warranty, and the terms of the fin:utcial warranty tiled with the Division. <br />2) The Pertnittee will file with the Division its annual report and fees on each anniversary date of <br />this pern»t. <br />3) If analyses of the Honing and reclamation operation and the data collected through monitoring <br />and experimentation by the Perminee or monitoring by the Division indicatethat the operation will not be able to <br />comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittee hereby <br />agrees to exercise its best eftbrts, after consulting with the Division, tb modify the plans to correct such <br />deficiencies in the future. Such modifications may require techttica] revisiotts or antendmenLS to the permit. <br />4) The Board or its authorized rc~resentative may enter upon the lands of the permitted operation <br />a[ all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and pern»t have been complied with pursuant ro C.R.S. 34-32.5-121. <br />5) This penttit may be revoked or suspended for non-compliance with the Act or applicable rules <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 Act, the Board has a right of entry to ra;laim 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 />