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-2- <br /> D. The Operator has made a showing satisfactory to the Board: 1 ) <br /> that it will employ, during and after its underground mining and/or surface <br /> operations, procedures designed to minimize environmental disturbance from <br /> such operation; 2) that it will provide for reclamation of the Affected Lands <br /> appropriate to the subsequent beneficial use of such lands; and 3) that, in <br /> the event of the failure of its proposed reclamation plan, it will take <br /> whatever measures may be necessary to assure the success of reclamation of the <br /> lands affected by such operations in accordance with the Act. <br /> E. A copy of the Operator's application, as amended and <br /> supplemented, has been approved by the Board and is, by this reference, <br /> incorporated herein. <br /> GRANT, CONDITIONS AND AGREEMENTS <br /> The Board, in reliance upon the representations and promises made in <br /> such application, as amended and supplemented, hereby issues a life of the <br /> mine permit to the Operator, to engage in the operations described in the <br /> application on certain lands lying in the County of , <br /> State of Colorado. These lands are described in Exhi i , attached hereto, <br /> and are referred to herein as the "Affected Lands". <br /> This permit is issued subject to the following conditions and <br /> agreements: <br /> 1 ) The Operator agrees to be bound by all applicable requirements <br /> of the Act and all applicable rules and regulations of the Board, as amended <br /> from time to time. <br /> 2) The Operator will file with the Division its annual report and <br /> fees on each anniversary date of this permit. <br /> 3) If analyses of the mining and reclamation operation and the data <br /> collected through monitoring and experimentation by the Operator or monitoring <br /> by the Division indicate that the operation will not be able to comply with <br /> the requirements of the Act and applicable rules and regulations of the Board, <br /> the Operator hereby agrees to exercise its best efforts, after consulting with <br /> the Division, to modify the plans to correct such deficiencies in the future. <br /> Such modifications may require technical revisions or amendments to the permit. <br /> 4) This permit may be revoked or suspended for non-compliance with <br /> the Act or applicable rules or regulations promulgated by the Board. <br /> 5) a) Pursuant to 34-32-118(5) of the Act, the Board has a right <br /> of entry to reclaim the lands affected by the operation. <br /> b) The Board will enter the lands to perform reclamation only <br /> if the Board has determined: <br />