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<br />-z- <br />3. The proposed mining and reclamation operations can be carried out m carfocrnaztce <br />wish the requirements of the Ad, and the CansUttcAOn Material Rules and Regulations. <br />E. The Pem»ttce has made a showing satisfactory to the Beard: 1) drat it wiU employ, during and <br />after its undergromtd mining andlor surface operations, procedtues designed to mvtimiu environmental <br />disturbaztce Swn such operation; 2) that it wiU provide for recLurtaticn of the Affected lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event ofthe failure of As proposed reclatrtafim plea. rt <br />will take whatever measures may be rtaoessary to assure the success of rectamticn of the lands affected by such <br />operations m accordance with the Ad. <br />F. A copy of the Permiftee's appUcation, as amended and supplentatted, has been approved by the <br />Board and is, by this referarce, incorporated herein. <br />G. The issuance of this permit does not relieve you from having to amply with aU applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the represauaticns and promises made in the permit appUcation, as <br />arrtatded and supplemented, and the pedotmance wartanry, hereby issues a life of the mine permit to the <br />Pennittee, to engage in the operations described m the appUcatian oo certain lands tying m the Cotmty of Lorimer, <br />State of Colorado. These lands are described ut the permit apphcatioq as amended and supplemented, and are <br />referred to herein as the "At~ied Lands". <br />'[Lis permit is issued subject to the foUawing conditions and ag~aemarts: <br />1) The Perrnittee will be 6owd by aU applicabk requiretrteots of the Ad, and aU applicable rules <br />and regulations of the Board, as amended Sum time to time, the terms of the pemtit apphwtiat, the terms of the <br />performance warranty, and the terms ofdte financial warranty filed w¢h the Division. <br />2) The PetmiCee wiU Sle with the Division its annual repel and foes on each anniversary date of <br />this pernti[. <br />3) If analyses of the mining and reclarratioo operatics and the data ceUeded duotrgb monitoring <br />and et~erirrmttatian by the Pennisee or rttatitorutg by the Division indicate that the operation will nd be able to <br />cangtly with the requiremerds of the Ad and applicable rules and regulations of the Boats, the Penniaee hereby <br />agrees W exercise its best efforts, after cansultitrg with the Division, to modify the plans to coned such <br />de6cieocies m the ftIIUre. Strdt modi6cazions may requiretarlutical revisirns or amendments to the permit. <br />4) The Board, or its authorized representative may eater opus the leads of the pemritted operation <br />at all reasonable times for dte purpose of utspectian to detemtme whether the provisions of the Ad, Rules and <br />Regtrlanms, and pemdt have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for nan~carQtliarrce wrth the Ad or appbceble rules <br />or regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />6) a) Pursuant W 34-32.5-I 18(5} of the Ad, the Board has a right of emry to reclaim the <br />lands atTeded by the operation, or to respartd to an emergency as deleted by C.RS. 34-32.5-] 21(2) <br />