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-2- <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 Pernmittee 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 of such lands; and 3) that, in the event of the failure of its proposed reclamation plan., it <br />will take whatever measures may be necessary to assure the success of reclammation of the lands affected by such <br />operations in accordance with the Act. <br />F. A copy of the Pemmittee'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 />The Board, in reliance upon the representations and promises nmade in the pewit apphcation, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemmittce, to engage in the operations described in the application on certain lands lying in the County of Mesa, <br />State of Colorado. These lands are descnbed in the permit application, as amended and supplemented, and are <br />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 all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the temms of the pernit application, the teens of the <br />perfommance warranty, and the terms of the financial warranty Sled 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) If analyses of the 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 to <br />comply with the requirements of the Act and applicable roles and regulations of the Board, the Pemmittee hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to conec;t such <br />deficiencies in the future. Such modifications may squire 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 />at 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 />5) lhis permit may be revoked or suspended for non-compliance with the Act or applicable rules <br />or regulations promulgated by the Board, the pemmit, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-I 18(5) of the Act, the Board has a right of entry to reclaim the <br />lands affected by the operation, or to respond to an emergency as deSned by C.R.S. 34-32.5-121(2) <br />