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<br /> <br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements ofthe Ad, and the Construction Material Rules and Regulations. <br />E. The Pemiittee 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 minimize enviroumertal <br />disturbance from such operation; 2) that it will provide fur reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the even ofthe failure of its proposed reclamation plan, rt <br />will take whatever measures may be necessary to assure the success of reclamation ofthe lands afl'rcted by such <br />operations in accordance with the Act. <br />F. A copy ofthe Permittee's application, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. 'Ilene issuance of this permit does nd relieve you from having to corrgrly wrtlr all appbcable <br />Federal, State and County stahrtes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permmrt application, as <br />amended and supplemented, and the performance wartanty, hereby issues a life of the mine pemtit to the <br />Peruttee, to engage ur the operations described un the application on certain lands lying un the County of Weld, <br />State of Colorado. These lands are described in the permit application, as amended and supplemeted, and are <br />n:ferred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreemerts: <br />1) The Pernittee will be bormd by all applicable regrurennents of the Act, and all applicable Hiles <br />and regulations ofthe Board, as amended from time to time, the temrs of the permit application, the temms ofthe <br />performance warranty, and the temps ofthe financial warranty filed with the Division. <br />2) The Permittee will file wdh the Division its annual report and foes on each anniversary date of <br />this pernit. <br />3) ff analyses of the enuring and reclamation operation and the data collected through monitoring <br />and experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requiremetnis ofthe Ad and applicable pules and regulations ofthe Board, the Perrrittee hereby <br />agnjes to exercise its best efforts, a$er consuhing with the Division, to modify the plans to correct such <br />deficiencies un the future. Such modifications may require technical revisions or amemdnrerts to the permit. <br />4) The Board, or its authorized represertative may ernter upon the lands of the pernmitted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and permit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be rewked or suspended for noncorrnpliance with the Ad or apphcable rules <br />or regulations promulgated by the Board, the permit., or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Ad, the Board has a right of entry to reclaim the <br />lands affected by the operarion, or to respond to an emergency as defined by C.RS. 34-32.5-121(2) <br />