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-~- <br />3. The proposed mining and reclamation operations can be carried out in conformance with the <br />requiremerts of the Act, and the Constmction Material Rules and Regulations. <br />E. The Pemuttee has made a showing satisfactory to the Board: 1) that it will employ, during and after its <br />underground mining and/or surface operations, procedures designed to m;n;m;~r environmental disturbance from such <br />operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such <br />lands; and 3) that; in the event of the failure of its proposed reclamation plan, it will take whatever measures maybe necessary <br />to assure the success of reclunation of the lands affected by such operations in accordance with the Act. <br />F. A copy of the Pemmittee's application, as amended and supplemented, has been approved by the Board and is, <br />by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve the Pemiittce from having to comply with all applicable Federal, <br />State and County statutes, including State water law. <br />The Boazd, in reliance upon the representations and promises made in the pemmit application, as amended and <br />suppleraemed, and the perfommarmce warranty, hereby issues a fife of the mime pemrit to the Pennittee, to engage in the <br />operations described in the application on certain lands lying in the County of Larimer, State of Colorado. These lands aze <br />described in the permit application, as amended and supplemented, and aze referred to herein as the "Affected Lands". <br />This pemut is issued subject to the following conditions and agreemertts: <br />1) The Permi[tee will be bound by all applicable requirements ofthe Act, and all applicable Hiles and regulations <br />of the Board, as amended from time to time, the terms of the pemmit application, the terms of the performance warranty, and the <br />terms of the financial warranty filed with the Division. <br />2) The Pemmittee will file with the Division its annual report and fees on each anniversazy date of this permit. <br />3) h` analyses of the mining and reclaraton operation and the data collected through monitoring and <br />experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to comply with the <br />requirements of the Act and applicable Hiles and regulations of the Board, the Pemuttee hereby agrees to exercise its best <br />efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the fimrre. Such modifications <br />may require technical revisions or amendments to the permit. <br />4) The Boazd, or its authorized representative may enter upon the lands of the permitted operation at all <br />reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and Regulations, and <br />pemtit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) Timis permit may be revoked or suspended for non-compliance with the Act or applicable Hiles or regulations <br />promulgated by the Board, the pemut, or by violation of a Boazd Order. <br />6) a) Pursuarrt to 34-32.5-118(5) of the Act, the Boazd has a right of entry to reclaim the lands affected by <br />the operation, or to respond to an emergency as defined by C.R.S. 34-32.5-121(2) <br />b) The Board will enter the lands to perform reclamation only if the Board has determined: <br />