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<br />-2- <br />permanent man-made structure located within two hundred feet of the Affected Land, except where there <br />is an agreement between the Operator and the persons having an interest in the structure that damage to the <br />structure is to be compensated for by the Permittee; and; <br />3. The proposed mining and reclamation operations can be carried out in conformance with <br />the requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Boazd: 1) that it will employ, during <br />and 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 <br />to the subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed <br />reclamation plan, i[ will take whatever measures may be necessary to assure the success of reclamation of <br />the lands affected by such operations in accordance with the Act. <br />F. A copy of the Permittee's application, as amended and supplemented, has been approved by <br />the 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 Boazd, 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 />Mesa, State of Colorado. These lands aze described in the permit application, as amended and supplemented, <br />and aze referred [o herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Permittee will be bound by all applicable requirements of the Ac[, and all applicable rules <br />and regulations of the Boazd, as amended from time to time, the terms of the permit application, the terms <br />of the performance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report and fees on each anniversary date <br />of 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 <br />able to comply with the requirements of the Act and applicable rules and regulations of the Board, the <br />Permittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans <br />to correct such deficiencies in the future. Such modifications may require technical revisions or amendments <br />to the permit. <br />