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-Z- <br />3. The proposed mining and reclamation operations can be carried out in carrformance <br />with the regrriremarts ofthe Act, and the Construction Material Rules and Regulations. <br />E. The Pennittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, procedures designed tq minimi~P environmental <br />disturbance from such operation; 2) that it will provide for reclamation ofthe Affected Lands appropriate to the <br />subsequent beneficial use of such Lands; and 3) that, ur the evem ofthe failure of its proposed reclamation plan, it <br />will take whatever measures ray 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 ofthe Pemuttee's application, as amended and supplemented, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pertit 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 represartations and promises made in the pemrit apphcation, as <br />amended and supplemented, and the performance wanarrty, hereby issues a life of the mine pemrit to the <br />Pennittee, to engage in the operations described m the application on certani lands lying in the County of Bent, <br />State of Colorado. These lands are described m the pemrit application, as amended and supplemented, and are <br />referred W herein as the "Affected Lands". <br />This pemrit is issued subject to the following conditions and agreemarts: <br />1) the Pemrittce will be bound by all applicable r«lwremarts ofthe Act, and all applicable rules <br />and regulations ofthe Board, as amended from time to time, the temu ofthe permit application, the terms ofthe <br />perfomrance warranty, and the terms ofthe Snancial warrary filed with the Division. <br />2) The Pemrittee will file with the Division its annual report and fees ~ each anniversary date of <br />this permit. <br />3) If analyses of the muting and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemrittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements ofthe Act and applicable rules and regulations ofthe Board, the Permittce hereby <br />agrees to exercise its best efforts, after crnrsuhmg with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require technical revisions or amardmerrts to the pemrit. <br />4) The Board, or its authorized representative may eater upon the lands ofthe permitted operation <br />at all reasonable times for the purpose of inspection to detemtine whether the provisions ofthe Act, Rules and <br />Regulations, and pemrit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for non~orrrpliance widr the Ad or applicable Hiles <br />or regrdatiars promulgated by the Board, the permit, or by violation of a Beard Order. <br />6) a) Pursuant to 34-32.5-118{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.R.S. 34-32.5-121(2) <br />