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_Z, <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requiranarts of the Ad, and the Constructive Material Rules and Reguhrtiomms. <br />E. The Pemuttce has made a showing satisfimdory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, prooadures designed to murimize envirorrrrrartal <br />disturbance from such operation; 2) that rt will provide for reclamative afthe Affected Lands appropriate to the <br />subsequuart beneficial uue of such lands; and 3) that in the everrt of the failure of its proposed reclamation plar~ 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 Ad. <br />F. A copy of the Pennrttce's application, as amended and supplemented, has been approved by the <br />Board and is, by this referm3uce, inwrposated herein. <br />G. The issuance of this permit does not relieve you from having to comply with all applicable <br />Federal, State and Comity statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />'Ihe Board, in re6arrce upon the representations and promises made m the pennrt application, as <br />amended and supplemented, and the perfomuance warrarrty, hereby issues a life of the mine pemrit to the <br />PemmGtee, to engage rtr the operatives described rtr the application ve certain lands lying in the County of Garfield, <br />State of Colorado. These lands are described in the permit application, as amended and supplemented, and are <br />referred to herein as the "A6eded Lands". <br />This permit is issued subject to the following cveditions and agreanents: <br />1) The Pennatee will be bound by all applicable requirements of the Ad, and all applicable Hiles <br />and regulations of the Board, as amended from time to time, the terms of the permit. application, the terms of the <br />perfomuance wanatrty, and the temus of the fnmarrcial wartarrty 51ed with the Division. <br />2) 71me Pemrittee will file with the Division its annual report and fees ve each am»versary date of <br />this pemtit. <br />3) !f analyses of the mining and reclamation operation and the data collected through rrmamitoring <br />and expecinmamtative by the Pennittee or monitoring by the Divisive indicate that the operation will not be able to <br />comply 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 caausulting with the Division, to modify the plans to coned such <br />deficiencies um the firture. Such modifications may require tedmnicaY revisions or amendmarts to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisives of the Ac#, Rules and <br />ReguLrtives, and permit have beau complied wide pursuant to C.RS. 34-32.5-121. <br />5) 'Ibis permit may be revoked or suspended for noncartrpliance with the Ad or applicable Hiles <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 rig}mt 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 />