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-~- <br />3. The proposed mining and reclamation operations can be carved out in confommance <br />with the requirements of the Act, 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 m;n;mvr environmental <br />disturbance from such operation; 2) that it will provide for rcelarnation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposal 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 ¢t accordance with the Act. <br />F. A copy of the Permittce's application, 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 not relieve the Peanittee from having to comply with all <br />apphcable Federal, State and Courrty statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the permit application, as <br />amended and supplemented, and the performance warranty, hereby issues a Gfe of the mine permit to the <br />Pemuttce, to engage in the operations described in the apphcation on czrtaiu lands lying in the County of Phillips, <br />State of Colorado. These lands are described in the pemmit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Pemmittce will 6e bound by all applicable requirements of the Act, and all apphcable riles <br />and regulations of the Board, as amended from time to time, the terms of the pemmit application, and the terms of <br />the perfommance warranty filed with the Division. <br />2) The Pemtittee will file with the Division its annual report and fees on each anniversary date of <br />this pemut. <br />3) If analyses of the mining and reclanration operation and the data collected through monitoring <br />and experimentation by the Pennittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable rules and regulations of the Board, the Pemuttee 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 permit. <br />4) The Board, or its authorized representative may errter upon the lands of the pemmitted operation <br />at all reasonable times for the purpose of inspection to detemmine whether the provisions of the Act, Rules and <br />Regulations, and pemmit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Act or apphcable rules <br />or regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />