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-~- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the ConsUuction Material Rules and Regulations. <br />E. The Pemtittce has made a showing satisfactory to the Board: I) 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 reclamation of the lands affected by such <br />operations in accordance with the Act. <br />F. A copy of the Permittee'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 pem»t does not relieve you from having to comply with all apphcable <br />Federal, State and County statutes, including State water law. <br />The Board, in reliance upon the representateons and promises made in the permit application, as <br />amended and supplememed, and the performance warranty, hereby issues a life of the mine permit to the <br />Permittce, to engage in the operations described m the application on certain lands lying in the County of Phillips, <br />State of Colorado. These lands aze described in the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This pemrit is issued subject to the following conditions and agreements: <br />1) The Pemtittce will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Boazd, as amended from time to time, the temms of the pemut application, and the terms of <br />the perfonnauce warranty filed with the Division. <br />2) The Pemmittce will file with the Division its annual report and fees on each anniversary date of <br />this pem»t. <br />3) h` analyses of the ruining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pennittee 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 Boanl, the Permittee hereby <br />agrees to exercise its best efforts, after consulting with the 1ivision, to modify the plans to cgrrect such <br />deficiencies in the firhrre. Such modifications may require technical revisions or amendments to the permit. <br />4) The Boazd, or its authorized representative may enter upon the lands of the pemritted operation <br />at all reasonable times for the purpose of inspection to deterrmine whether the provisions of the Act, Rules and <br />Regulations, and pemrit have been comphed with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for non-compliance tnith 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 34-32.5-118(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 defined by C.R.S. 34-32.5-121(2). <br />