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i _ ~ • <br />-2- <br />0. The Operator has made a showing satisfactory to the Board: 1) <br />that it will employ, during and after its underground mining andjor surface <br />operations, procedures designed to minimize environmental disturbance from <br />such operation; 2) that it will provide for reclamation of the Affected Lands <br />appropriate to the subsequent beneficial use of such lands; and 3) that, in <br />the event of the failure of its proposed reclamation plan, it will take <br />whatever measures may be necessary to assure the success of reclamation of the <br />lands affected by such operations in accordance with the Act. <br />E. A copy of the Operator`s application, as amended and <br />supplemented, has been approved by the Board and is, by this referen~:e, <br />incorporated herein. <br />GRANT, CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations <br />such application, as amended and supplemented, hereby is <br />mine permit to the Operator, to engage in the operations <br />application on certain lands lying in the County of <br />State of Colorado. These lands are described in Exhi it <br />and are referred to herein as the "Affected Lands". <br />and promises made in <br />sues a life of the <br />described in the <br />,~se~~ , <br />atrl cached Hereto, <br />This permit is issued subject to the following conditions anti <br />agreements: <br />1) The Operator agrees to be bound by all applicable requirements <br />of the Act and all applicable ruses and regulations of the Board, as amended <br />from time to time. <br />2) The Operator will file with the Division its annual report and <br />fees on each anniversary date of this permit. <br />3) If analyses of the mining and reclamation operation and the data <br />collected through monitoring and experimentation by the Operator or monitoring <br />by the Division indicate that the operation will not be able to comply with <br />the requirements of the Act and applicable rules and regulations of thft Board, <br />the Operator hereby agrees to exercise its best efforts, after consulting with <br />the Division, to modify the plans to correct such deficiencies in the t'uture. <br />Such modifications may require technical revisions or amendments to the: permit. <br />4) This permit may be revoked or suspended for non-compliance with <br />the Act or applicable rules or regulations promulgated by the Board. <br />5) a) Pursuant to 34-32-118(5) of the Act, the Board has a right <br />of entry to reclaim the lands affected by the operation. <br />b) The Board will enter the lands to perform reclamation only <br />if the Board has determined: <br />