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<br />-2- <br />~J <br />2. The operation will not adversely affect the stability of any significant, valuable, and <br />pemrartent man-made structure located within two hundred feet of the Affected Land, except where there is an <br />agreement between the Operator and the persons having an interest in the structure that damage to the structure <br />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 Construction Material Rules and Regulations. <br />E. The Pernittce 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 to minimize environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use ofsuch lands; and 3) that, in the event of the failure of its proposed reclamation plan, <br />it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by <br />such operations in accordance with the Act. <br />F. A copy of the Pernittce's application, as amended and supplemented, has been 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. 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 />Montezuma, 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 wnditions 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 terns of the permit application, the terns of the <br />performance wan•anty, and the terns of the financial waranty filed with the Division. <br />2) The Permittce will file with the Division its annual report and foes on each anniversary date of <br />this permit. <br />3) Ifanalyses ofthe mining 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 operation <br />az all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />