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1 <br /> <br />-2- <br />3. 'The proposed mining and reclamation operations can be carried out in confonrrarrce <br />with the requirements ofthe Ad, and the Construction Material Rules and Regulations. <br />E. The Permittee 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 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 evert ofthe 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 wAh the Act. <br />F. A copy of the Permittee's application, as amended and supplemented, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does nd reheve you from having to comply with all applicable <br />Federal, State and County statutes, includung State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the pemnit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemrittce, to engage in the operations described in the application on certain lands lying in the County of Rio <br />Blanco, State of Colorado. These lands are described in the pertni[ application, as amended and supplemented, <br />and are referred to herein as the "Affected lands". <br />This pemnit is issued subject to the following conditions and agreemerts: <br />l) 'The Permitice will be bound by all applicable requiremerts of the Ad, and all apphcable roles <br />and regulations of the Board, as amended from time to time, the terms of the permit apphcation, and the temtis of <br />the performance warranty filed with the Division. <br />2) The Pemrittee wi1151e with the Division its annual report and fees on each anniversary date of <br />this pertit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemrirtee or monitoring by the Division indicate that the operation will nd be able to <br />comply with the requirements of the Ad and applicable roles and regulations of the Board, the Pemrittce hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require technical revisions or amendments to the pervt. <br />4) The Board, or its authorized representative may enter upon the lands of the pemutied operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and pewit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Ad or applicable Hiles <br />or regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Ad, 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 />