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<br />-2- <br />3. The proposed rrvomg and reclamation rperations can be prried oiu in crnformance <br />with the requiremarts of the Act, and the Construction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its rmderground enuring andlor surface operatioxrs, procedures designed to minimi~P arvuonmartal <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent b®eficial use of sudr lands; and 3) that, m the evait of the failure of its proposed raclarn~ion plan, it <br />will take whatever rraasures maybe necessary to assure the success of rechunatim of the lands affected by such <br />operations ur accordance with the Act. <br />F. A oxrpy of the Pemirttce's application, as amenoled and supplemented, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve you firnn having to oonrply 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 pemril appliption, as <br />amended and supplemaued, and the perfomrance warranty, hereby issues a life of the mine permit to the <br />Pennittee, to engage in the operations described in the apphcatien to certain hinds lying m the County of Weld, <br />State of Colorado. These lands are described in the permit application, as arr~ded and supplemented, and are <br />refierred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreanents: <br />1) The Pennittee will be bound by all applicable nequireinems of the Ad, and all applicable Hiles <br />and regulations of the Board, as amended from time to tune, the temrs of the pettnit application, the terms of the <br />performance warranty, and the terms of the financial warranty filed wah the Division. <br />2) The Pem»ttce will 51e with the Division its annual report and foes on each anniversary date of <br />this permit. <br />3) if analyses of the mining and reclarrration operation and the data collected through monhoring <br />and experimerrtation by the Permittee or monitoring by the Division indicate that the operation will nd be able to <br />comply with the regoriremarts ofthe Ad and applicable Hiles and regulations of the Beard, the Perrnittce hereby <br />agrees to exercise ds best efforts, after ceosuking wAh the Division, to modify the plans to correct such <br />deficiencies ur the future. Sudr modifications may require techrrioal revisions or amendments to the permit. <br />4) The Board, or its authorized representative may cater upon the lands of the permitted operation <br />at all r~~able tunes for the purpose of inspection to oletemrme whether the provisions of the Act, Rules and <br />Regulatons, and permit have been complied vvitlh pursuant to C.RS. 3432.5-121. <br />5) This permit may be rcwked a suspended for nmcompliance with the Act or applicable Hiles <br />or regulations promulgated by the Board, the pemrit, or by violation of a Board Order. <br />6) a) Pursuant to 3432.5-118(5) of the Act, the Board has a right of entry to reclaim the <br />lands affected by the orperatieo, or to resp®d to an emerg®cy as otefined by C.RS. 34-32.5-121(2) <br />