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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements ofthe Act, and the Constmdion Materia I Rules and Regulations. <br />E. The Permrttce has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, xocedures designed to mininuze 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, m the event ofthe failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the s recess of reclamation of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Pem>dtee's apphcation, as amrmded and supplemented, has been approved by the <br />Board and is, by this reference, inwrporated herein. <br />G. The issuance of this permit does not relieve you from having to wmply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS A>`D AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permit application, as <br />amended and supplemented, and the performance waranty, hereby issues a life of the mine permit to the <br />Pemtittee, to engage in the operations described in the application on certain lands lying ut the County of Lorimer, <br />State of Colorado. These lands are described in the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditio u and agreemerrts <br />1) The Permittee will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terns of the permit applicator, the terms of the <br />performance warranty, and the terms ofthe financial warranty filed with the Division. <br />2) The Pemrittee will file with the Division its annual report and fees on each anniversary date of <br />this pemri[. <br />3) ff analyses of the nesting and reclamation o aeration and the data collected through monitoring <br />and experimentation by the Permittee or monitoring by the Di rision indicate that the operation will na be able to <br />comply with the requiremerts of the Ad and applicable riles and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after cortsuhing with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require tec}urical revisions or amendments to the pemtit. <br />4) The Hoard, or its authorized representative may erter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to detentvne whether the provisions of the Act, Rules and <br />Regulations, and permit have beat complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended fi>r non~orrrpliance with the Ad or applicable roles <br />or regulations promulgated by the Board, the permit, or by via lotion 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-] 21(2) <br />