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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in carfornance <br />with the requiremerrts ofthe Ad, and the Construction Material Rules and Regulations. <br />E. The Pennittee has made a showing satis6dory to the Boarcl: 1) that i[ will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minirnize enviraunental <br />disturbance from such operation; 2) that it will provide for reclanration ofthe Affected Lands appropriate to the <br />subsequem beneficial use of such lands; and 3) that, m the evert ofthe failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation ofthe lands affected by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Pemuttee'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 rebeve you from having ro comply with all apphcable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the pemrit apphcation, as <br />amended and supplemented, and the performance wararrty, hereby issues a life of the mine permit to the <br />Permittee, ro engage in the operations described ur the appbcaton on certain lands lying m the Courrty of Weld, <br />State of Colorado. These lands are described in the pemrit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject ro the following conditions and agreements: <br />1) The Permrttee will be bound by all applicable requirements ofthe Ad, and all applicable Hiles <br />and regulations ofthe Board, as amended from time to time, the terms of the permit apphcation, the terns of the <br />performance waranty, and the temrs ofthe financial warranty filed with the Division. <br />2) The Pemtittee will file with the Division its annual report and fees on each anniversary date of <br />this permit. <br />3) Tf analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pertnittee or monitoring by the Division indicate that the operation will nd be able ro <br />comply with the requirements ofthe Act and apphcable riles and regulations ofthe Board, the Permittee hereby <br />agrees to exercise its best efforts, after consulting with the Division, ro modify the plans to coned such <br />deficiencies m the fixture. Such modifications may require technical revisions or amerdmerts to the permit. <br />4) The Board, or its authorized representative may enter upon the lands ofthe permitted operation <br />at all reasonable tunes for the purpose of inspection to deternine whether the provisions of the Ad, Rules and <br />Regulations, and pemrit have been complied with pursuer[ to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for nar-compliance with the Ad or applicable riles <br />or regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />6) a) Pursuant ro 34-32.5-118(5) of the Ad, the Hoard has a right of ernry to reclaim the <br />lands affected by the operation, or to respond ro an emergency as defined by C.R.S. 34-32.5-121(2) <br />