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-2- <br />3. The proposed musing and reclamation operations can be carried out in canfonnance with the <br />requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Pennittee has made a showing satisfactory to the Hoard: 1) that it will employ, during and after its <br />underground mining and/or surface operations, procedures designed to minimise environmental disturbance from such <br />operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such <br />lands; and 3) that, in the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary <br />to assure the success of reclamation of the lands affected by such operations in accordance with the Act. <br />F. A copy of the Pemvttee's apphcation, as amended and supplemented, has bean approved by the Board and is, <br />by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve the Pemmittee from having to comply with all applicable Federal, <br />State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the permit application, as amended and <br />supplemented, and the performance warranty, hereby issues a life of the mine pemmit to the Perrnittee, to engage in the <br />operations described in the application on certain lands lying in the County of Boulder, State of Colorado. These lands are <br />described in the pemut application, as amended and supplemented, and are referred to herein as the "Affected Lands". <br />This pemmit is issued subject to the following conditions and agreements: <br />1) The Pemmittee will be bound by aU applicable requirements of the Act, and all applicable rules and regulations <br />of the Board, as amended from time to time, the terms of the permit application, the temms of the performance warranty, and the <br />terms of the financial warranty filed with the Division. <br />2) The Pemmittce will file with the Division its annual report and fees on each anniversary date of this pemmit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring and <br />experimentation by the Pemmittee or monitoring by the Division indicate that the operation will not be able to comply with the <br />roquirements of the Act and applicable rules and regulations of the Board, the Pemrittee hereby agrees to exercise its best <br />efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modifications <br />may require technical revisions or amendments ro the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permitted operation at all <br />reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and Regulations, and <br />permit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or regulations <br />promulgated by the Board, the permit, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-] 18(5) of the Act, the Beard has a right of entry to reclairrr the lands affected by <br />the operation, or to respond to an emergency as defined by C.R.S. 34-32.5-121(2). <br />