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<br />-2- <br />3. The proposed mining and reclamation operations cam be tamed out m cerrfomrance <br />with the requirerrraits ofthe Act, and the Construction Material Rules and Regulations. <br />E. The Pemrittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />offer its undergrormd mining and/or surface operations, procedures designed to minimise environmental <br />disturbance from such operation; 2) that rt will provide for reclamation ofthe Affected Lands appropriate to the <br />subsequent beneficial use of such Lrnds; and 3) that, in the event 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 with the Ad. <br />F. A copy of dre Pemuttce's application, as amended and supplemarted, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemut does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, m reliance upon the represartatiens and promises made hr the pernrt application, as <br />amended and supplemar[ed, and the perfomrance warranty, hereby issues a life of the more permit to the <br />Pemrittee, to engage ur the operations described ur the application on certain lands lying in dre Country of <br />Washington, State of Colorado. These lands are described in the permit application, as amended and <br />supplemerrted, and are referred to herein as the "Affected Lands". <br />This pernit is issued subject to the following conditions and agreements <br />I) The Pernittee will be bound by all applicable requirerrnents of the Act, and all applicable roles <br />and regulations of the Board, as amended from time to time, the terms of the perut appliption, and the terms of <br />the performance warranty filed wills the Division. <br />2) The Pertnrttee will file with the Divisim As annual report and fees on each anniversary date of <br />this permit. <br />3) Tf analyses of the mining and rechurratian operation and the data collected through monitoring <br />and experimemation by the Pemnittce or monitoring by the Division indicate that the operation will nil be able to <br />comply with the requirenrerrfs of the Aci and applicable riles and regulations of the Board, the Pernrttae hereby <br />agrees to exercise its best efforts, offer ca~sulting with the Division, to modify dne plans to totted such <br />deficiencies in the firture. Sudr modifications may require technical revisions or arnardmants to the permit. <br />4) The Board, or Rs authorized represartative may ®ter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to detemnine whether the provisions of the Act, Rules and <br />Regulations, and pemna have been ccnnnplied with pursuant to C.RS. 3432.5-121. <br />5) This permit may be revoked or suspended for n~-corrrpliance with the Act or appGnble roles <br />or regulations promulgated by the Board, the pemmit, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-I 18(5) of dre Ad, the Board has a right of entry to reclaim the <br />lands affected by the operating or to respond to an emergency as defined by C.R.S. 3432.5-121(2). <br />