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•= <br /> <br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirenmarts ofthe Ad, and the Conswction Material Rules and Regulations. <br />E. The Permittee 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 envir~mmeartal <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy of the Pemmittce's application, as amended and supplemented, has been approved by the <br />Board and is, by this refi;rarce, incorporated herein. <br />G. The issuance of this permit does nct reheve you from having to corr~ly with all applicable <br />Federal, State and County statmrtes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the represermtations and promises made in the permit application, as <br />amended and supplemented, and the performance warranty, hereby issues a 6fe of the mine permit to the <br />Pemmittce, to engage in the operations described in the application on certain lands lying in the County of <br />Washington, State of Colorado. These Lands are described in the permit application, as amended and <br />supplemented, and are referred to herein as the "Affected Lands". <br />This pertnR is issued subject to the following conditions and agreerneuts: <br />1) The Permitce will be bound by all applcable requirements ofdre Act, and all apphcable rtes <br />and regulations of the Board, as amended from time to time, the terms of the pemmR apphcation, and the terms of <br />the perfomrance warranty filed with the Division. <br />2) The Pemmittee will file with the Division its annual report and fees on each anniversary date of <br />this permit. <br />3) If analyses of the mining and recLummation operation and the data collected through monitoring <br />and experimentation by the Pemaittee or monitoring by the Division indicate that the operation will nd be able to <br />comply with the requirements of the Ad and applicable miles and regulations of the Board, the Pem»ttee hereby <br />agrees to exercise its best efforts, after consuhing with the Division, to modify the plans to correct such <br />deficiamcies in the future. Such modifications may require technical revisions or ameadmerrts to the permit. <br />4) The Board, or its authorized representative may eater upon the lands of the permitted operation <br />at all reasmable 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.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Act or applicable 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 Act, the Hoard has a right of entry to reclaim the <br />lands affected by the operation, or to respond to an emergency as defined by C.R.S. 34-32.5-121(2). <br />