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