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-2- <br />3. The proposed mining and reclamation operations can be carried out un conformance <br />with the requirernarts of the Aa, and the Construction Material Rules and Regulations. <br />E. "Ihe Permrttce has made a showing satisfactory to the Board: 1) that it will enrmploy, dummg and <br />after its underground mining and/or surFace operations, procedures designed to minimir ®vironmerntal <br />distrrrbance 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, rtn the event ofthe failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the Jands affected by such <br />operations in accordance with the Ad. <br />F. A copy of the Pemrittee's application, as amended and supplemernted, 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 from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDTI70NS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permit appG~en, as <br />amended and supplenmarted, and the perfomrance warranty, hereby issues a Life of the mine permit to the <br />Pemuttee, to engage in the operations described in the application on certain lands lying m the County of Mesa, <br />State of Colorado. These lands are described in the permit applicatiorr, 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 agrearnemts: <br />1) The Pemiittee will be bound by all applicable requiremermts of the Act, and all applicable nrles <br />and regulations of the Board, as amended from time to time, the temms of the permit application, the terms of the <br />perfommance warranty, and the terrrms of the financial waraMy 51ed with the Division. <br />2) The Pernittee will file with the Division its annual report and fees m each anniversary date of <br />this permit. <br />3) If analyses of the mining and reclamation operation and the data coueaed through monitoring <br />and experimentation by the PermiUee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Ad and applicable Hiles and regulations of the Board, the Pemniftee hereby <br />agrces to exercise its best efforts, after consuhing 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 represertative may enter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to detemrine whether the provisions of the Act, Rules and <br />Regulations, and permit have bean complied with pursuarrt to C.R.S. 34-32.5-121. <br />5) 'this permit may be revoked or suspended for noncornpliance with the Ad or applicable rules <br />or regulations promulgated by the Bwrd, the permit, or by violation of a Board Order. <br />6) a} Pursuant to 34-32.5-118(5) of the Act the Board has a right of antr!' 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 />