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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Ad, 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 />after its underground mTlAg and/or surface operations, procedures designed to minimize elvironnleltal <br />disturbance from such operation; 2) that it will provide for rechuntation of the Affected Lands appropriate to the <br />subsequent b®e6cial use of such lands; and 3) that, m the event of the failure of its proposed nxlamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations un accordance with the Ad. <br />F. A Dopy of the Pemtitce's apphcation, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does nd rebeve you from having to comply with all apphcable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, m reliance upon the represermtations and promises made m the pemnit apphcaton, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pem»ttee, to engage in the operations described in the apphcaton on certain lands lying un the Courrty of Weld, <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 pernit is issued subject to the following conditions and agreements: <br />1) The Pernittee will be bound by all apphcable requiremerts of the Ad, and all apphcable Hiles <br />and regulations of the Board, as amended from time to time, the terms of the pemut application, the terns of the <br />performance waranty, and the terns of the financial warranty filed with the Division. <br />2) The Pemtittee will file with the Division its annual report and foes on each arnniversary date of <br />this permit. <br />3) ff analyses of the mining and reclamation operatics and the data collected through monitoning <br />and experimerrtation by the Pemtittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable Hiles and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after camsultung with the Division, to modify the plans to corned such <br />deficiencies in the fimme. Such modifications may require technical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to detemvne whether the provisions of the Ad, Rules and <br />Regulations, and permit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) This pemit may be revoked or suspended for noncompliance with the Ad or applicable rtes <br />or red ~ I~rions promulgated by dre Board, the pemnit, 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.RS. 34-32.5-121(2) <br />