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<br />z- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Pertnittce has made a showing satisfactory to the Board: I) that it will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimize envirortmental <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 of the failure of its proposed reclamation plan, <br />it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by <br />such operations in accordance with the Act. <br />F. A copy of the Pemrittee'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 promises made in the permit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemtittee, to engage in the operations described in the apphcatom on certain lands lying in the County of Moffat, <br />State of Colorado. These lands are described in the permit application, as amended and supplemented, 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 Pemtittee will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the permit application, and the terms <br />of the performance warranty filed with the Division. <br />2) The Permittce will file with the Division its annual report and fees on each anniversary date of <br />this permit. <br />3) h`analyses ofthe mining and reclamation operation and the data collected through monitoring <br />and experirnentation by the Permittce or monitoring by the Division indicate that the operation will not be able <br />to comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittee <br />hereby agrees 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 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 detemune whether the provisions of the Act, Rules and <br />Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit maybe revoked or suspended for non-compliance with the Act or applicable rules <br />or regulations promulgated by the Board, the permit, or b}• violation of a Board Order. <br />6) a) Pursuant to 34-32.5-1 I8(5) of the Act, 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.RS. 34-32.5-121(2). <br />