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<br />-2- <br />3. The proposed mining and reclamation operations can be <br />carried out in conformance with the requirements of the Act. <br />D. The Operator has made a showing satisfactory to the Bo rd: 1) <br />that it will employ, during and after its underground mining and/or urface <br />operations, procedures designed to minimize environmental dl5turbanc from <br />such operation; 2) that tt will provide for reclamation of the Affec ed Lands <br />appropriate to the subsequent beneficial use of such lands; and 3) t at, in <br />the event of the failure of its proposed reclamation plan, it will t ke <br />whatever measures may be necessary to assure the success of reclamat on 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 />F. The Mined Land Reclamation Board advises the Permtttee that all <br />mining operators must comply with all applicable Federal, State and ounty <br />statutes, including State water law. <br />GRANT. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promise made in <br />such application, as amended and supplemented, hereby issues a life f the <br />mine permit to the Operator, to engage in the operations described i the <br />application on certain lands lying 1n the County of Bent <br />State of Colorado. These lands are described 1n Exhibit A, attached hereto, <br />and are referred to herein as the "Affected Lands". <br />This permit 1s issued sub,)ect to the following conditions <br />agreements: <br />1) The Operator agrees to be bound by all applicable requ rements <br />of the Act and all applicable rules and regulations of the Board, as amended <br />from time to time. <br />2) The Operator will file with the Division Its annual <br />fees on each anniversary date of this permit. <br />3) If analyses of the mining and reclamation operation a <br />collected through monitoring and experimentation by the Operator or <br />by the Division indicate that the operation will not be able to com <br />the requirements of the Act and applicable rules and regulations of <br />the Operator hereby agrees to exercise its best efforts, after cons <br />the Division, to modify the plans to correct such deficiencies in t <br />Such modifications may require technical revisions or amendments to <br />4) Thts permit may be revoked or suspended for non-comply <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 <br />of entry to reclaim the lands affected by the operation. <br />rt and <br />the data <br />Monitoring <br />y with <br />he Board, <br />tang with <br />future. <br />he permit. <br />e with <br />j a right <br />