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<br />-z- <br /> <br />3. The proposed mining and reclamation operations card be <br />carried out in conformance with the requirements of the Act. <br />D. The Operator has made a showing satisfactory to the Bard: 1) <br />that it will employ, during and after its underground mining and/or surface <br />operations, procedures designed to minimize environmental disturban a from <br />such operation; 2) that it will provide for reclamation of the Affe ted lands <br />appropriate to the subsequent beneficial use of such lands; and 3) hat, in <br />the event of the failure of its proposed reclamation plan, it will ake <br />whatever measures may be necessary to assure the success of reclama ion of the <br />lands affected by such operations in accordance with the Act. <br />E. A copy of the Operator's aDPllcation, as amended and <br />supplemented, has been approved by the Board and is, by this refere ce, <br />incorporated herein. <br />F. The Mined Land Reclamation Board advises the Permute that all <br />mining operators must comply with all applicable Federal, State and County <br />statutes, including State water law. <br />GRANT, CONDITIONS ANO AGREEMENTS <br />The Board, to reliance upon the representations and Dromis s made in <br />such application, as amended and supplemented, hereby issues a life of the <br />mine permit to the Operator, to engage in the operations described 1n the <br />application on certain lands lying in the County of Rio Grande <br />State of Colorado. These lands are described in Exhibit A, attache hereto, <br />and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and <br />agreements: <br />1) The Operator agrees to be bound by all applicable requirements <br />of the Act and all applicable rules and regulations of the Board, s amended <br />from time to time. <br />2) The Operator will file with the Division its annual report and <br />fees on each anniversary date of this permit. <br />3) If analyses of the mining and reclamation operation nd the data <br />collected through monitoring and experimentation by the Operator o monitoring <br />by the Division indicate that the operation will not be able to co ply with <br />the requirements of the Act and applicable rules and regulations o the Board, <br />the Operator hereby agrees to exercise its best efforts, after con ulting with <br />the Division, to modify the plans to correct such deficiencies in he future. <br />Such modiftcations may require technical revisions or amendments t the permit. <br />4) This permit may be revoked or suspended far non-comp fiance with <br />the Act or applicable rules or regulations promulgated by the Boar . <br />5) a) Pursuant to 34-32-118(5) of the Act, the Board h$s a right <br />of entry to reclaim the lands affected by the operation. <br />