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-~- <br />3. The Proposed muring 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 Pemrittee has made a showing satisfar;tory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimise environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affceted Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reckunation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy of the Pennittce's application, as amended and supplemented, has been approved by the <br />Board and is, by this referarce, incorporated herein. <br />G. The issuance of this pemrit does not reheve the Permittce from having to comply with all <br />applicable Federal, State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the pernit application, as <br />amended and supplemerrtod, and the performance wararrty, hereby issues a life of the mine pemvt to the <br />Permittee, to engage in the operations described in the application on certain lands lying in the County of Grand, <br />State of Colorado. These lands are described in the permit application, 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 agrcements <br />1) The Pemut[ce 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 terms of the pemrit application, and the terms of <br />the petformurce warranty filed with the Divisioa. <br />2) The Pemrittee will file with the Division its annual report and foes on each anniversary date of <br />this permit. <br />3) Lf analyses of the mining and reclaniation operation and the data collected through monitoring <br />and experimentation by the Permittee or monitoring by the Division indicate that t}re operation will not be able to <br />comply with the requirements of the Act and applicable roles and regulations of the Board, the Permittce hereby <br />agrees to exercise its best efforts, after consuhing with the Division, to modify the plans to correct such <br />deficiencies in the fimrre. 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 per~itted 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.RS. 34-32.5-121. <br />5) This pemdt may be revoked or suspended for non-compliance with the Act or apphcable Hiles <br />or regulations promulgated by the Board, the peril[, or by violation of a Board Order. <br />