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<br />-2- <br /> <br />2. The operation will not adversely affect the stability of any significant, valuable, and <br />permanent man-made swcture located within two hundred feet of the Affected Land, except where there is <br />an agreement between the Operator and the persons having an interest in the swcture that damage to the <br />swcture is to be compensated for by the Permittee; and; <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the Conswction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during <br />and after its underground mining and/or surface operations, procedures designed to minimise environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate [o <br />the subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation <br />plan, it will take whatever measures may be necessary [o assure the success of reclamation of the lands <br />affected by such operations in accordance with the Act. <br />F. A copy of dte Permittee's application, as amended and supplemented, has been approved by <br />the 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, Stale 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 />Permittee, 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 <br />supplemented, and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Permittee 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 pertttit application, the terms of <br />the performance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report and fees on each anniversary date <br />of this permit. <br />3) If analyses of the mittittg and reclamation operation and the data collected through monitoring <br />and experimentation by the Permittee 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 <br />operation at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, <br />Rules and Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />