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-~- <br />3. The proposed mining and reclamation operations can be carved out in conforniance <br />with the requirements of the Act, and the Constnrction Material Rules and Regulations. <br />E. The Pernilttce 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 enviroimiental <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 evetrt of the failure of its proposed rocLunation plan, it <br />will take whatever measures may be necessary to assure the success of reclanation of the lands affected by such <br />operations in accordance with the Act. <br />F. A copy of the Pemtittce'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 pemtit does not relieve the Permittee from having to comply with all <br />applicable Federal, State and Courty statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the pemvt application, as <br />amended and supplemented, and the performance warattty, hereby issues a life of the mine pemut to the <br />Pemuttee, to engage in the operations described in the application on certain lands lying in the County of Weld, <br />State of Colorado. These ]ands are described in the permit apphcation, as amended and supplemented, and are <br />referred to herein as the "A$~ected Lands". <br />This pemtit is issued subject to the following conditions and agreements: <br />1) The Pemvttee will be bound by all applicable requirements of the Act, and all apphcable Hiles <br />and reguktions of the Boazd, as amended from time to time, the terms of the permit applicatiom, and the tem>s of <br />the performance waranty Sled with the Division. <br />2) The Pemvttce will file with the Division its annual report and foes on each anniversary date of <br />this pernrit. <br />3) h` analyses of the mining and reckunation operation and the data collected through monitoring <br />and experimentation by the Pemuttce or monitoring by the Division indicate that the operation will no[ be able to <br />comply with the requirements of the Act and applicable Hiles and regulations of the Boazd, the Pemtit[ce hereby <br />agrees to exercise its best efforts, after consuhing with the Divisiom, to modify the plans to correct such <br />deSciencies in the fimrre. Such modifications may require technical revisions or amendments to the pemut. <br />4) The Board, or its authorized represerrtative 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) This pemrit may be revoked or suspended for noncompliance with the Act or applicable rules <br />or regulations promulgated by the Board, the pemrit, or by viokrtion of a Board Order. <br />