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<br />-2- <br />3. The proposed mining and reclamation operations can be carried <br />out in conformance with the requirements of the Act. <br />D. The Operator has made a showing satisfactory to the Board: 1) that <br />it will empioy, during and after its underground mining and/or surface <br />operations, procedures designed to minimize environmental disturbance from <br />such operation; 2) that it will provide for reclamation of the Affected Lands <br />appropriate to the subsequent beneficial use of such lands; and 3) that, in <br />the event of the failure of its proposed reclamation plan, it will take <br />whatever measures may be necessary to assure the success of reclamation of the <br />lands affected by such operations in accordance with the Act. <br />E. A copy of the Operator's application, as amended and supplemented, <br />has been approved by the Board and is, by this reference, incorporated herein. <br />F. The Mined Land Reclamation <br />mining operators must comply with all <br />statutes, including State water law. <br />Board advises the Permittee that all <br />applicable Federal, State and County <br />GRANTS, CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in <br />the permit application, as amended and supplemented, and the performance <br />warranty, hereby issues a life of the mine permit to the Operator, to engage <br />in the operations described in the application on certain lands lying in the <br />County of Kit Carson, State of Colorado. These lands are described in the <br />permit application, as amended and supplemented, and are referred to herein as <br />the "Affected Lands". <br />This permit is issued subject to the following conditions and <br />agreements: <br />1) The Operator will be bound by all applicable requirements of the <br />Act, and all applicable rules and regulations of the Board, as amended from <br />time to time, the terms of the permit application, the terms of the <br />performance warranty, and the terms of the financial warranty filed with the <br />Division. <br />2) The Operator will file with the Division its annual report and fees <br />on each anniversary date of this permit. <br />3) If analyses of the mining and reclamation operation and the data <br />collected through monitoring and experimentation by the Operator or monitoring <br />by the Division indicate that the operation will not be able to comply with <br />the requirements of the Act and applicable rules and regulations of the Board, <br />the Operator hereby agrees to exercise its best efforts, after consulting with <br />the Division, to modify the plans to correct such deficiencies in the future. <br />Such modifications may require technical revisions or amendments to the permit. <br />