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<br />-2- <br />permanent man-made structure located within two hundred feet of the Affected Land, except <br />where there is an agreement between the Operator and the persons having an interest in the <br />structure that damage to the structure is to be compensated for by the Permittee; and; <br />3. The proposed mining and reclamation operations can be carried out in <br />conformance with the requirements of the Act, and the Construction Material Rules and <br />Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will <br />employ, during and after its underground mining and/or surface operations, procedures designed <br />to minimize environmental disturbance from such operation; 2) that it will provide for <br />reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; and <br />3) that, in the event of the failure of its proposed reclamation plan, it will take whatever measures <br />may be necessary to assure the success of reclamation of the lands affected by such operations in <br />accordance with the Act. <br />F. A copy of the Permittee's application, as amended and supplemented, has been <br />approved by the Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve you from having to comply with all <br />applicable Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permit <br />application, as amended and supplemented, and the performance warranty, hereby issues a life of <br />the mine permit to the Permittee, to engage in the operations described in the application on <br />certain lands lying in the County of Fremont, State of Colorado. These lands are described in the <br />permit application, as amended and supplemented, and are referred to herein as the "Affected <br />Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Permittee will be bound by all applicable requirements of the Act, and all <br />applicable rules and regulations of the Board, as amended from time to time, the terms of the <br />permit application, and the terms of the performance warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report and fees on each <br />anniversary date of this permit. <br />3) If analyses of the mining and reclamation operation and the data collected through <br />monitoring and experimentation by the Permittee or monitoring by the Division indicate that the <br />operation will not be able to comply with the requirements of the Act and applicable rules and <br />