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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in confomrazice <br />with the requiremerts ofthe Act, and the Construction Material Rules and Regulations. <br />E. The Pennittee 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 arviraunerrtal <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use ofsudr lands; and 3) that, in the everrt ofthe failure of its proposed reclaznation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the larrds affected by such <br />operations in accordance with the Ad. <br />F. A copy of the Pemrirtce's application, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemrit does not relieve you from having to comply with all apphcable <br />Federal, State and County statutes, including State water law. <br />GRANTS CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permit application, as <br />amended and supplemented, and the perfonnauce warranty, hereby issues a life of the mine pemut to the <br />Pemrittce, to engage in the operations described in the apphcation on certain lands lying in the County of Deka, <br />State of Colorado. 'These lands are described in the pemrit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1} The Pemrittee will be bound by all applicable requirements ofthe Ad, and all applicable rules <br />and regulations of the Board, as amended from time to time, the ternrs of the pemrit application, the terms of the <br />perfomrarrce warranty, and the terms ofthe financial warranty filed with the Division. <br />2) The Pennittee will file with the Division its annual report and foes on each anniversary date of <br />this pemrit. <br />3) If analyses of the musing 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 requirements of the Ad and applicable rules and regulations of the Board, the Pemrittee hereby <br />agrees to exercise its best efforts, after consuhurg with the Division, to modify the plans to correct such <br />deficiencies in the firture. Such modifications may require technical revisions or amendments to the pemrit. <br />4) The Board, or its authorized representative may errter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to detemrine whether the provisions of the Ad, Rules and <br />Regulations, and permit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Ad or applicable riles <br />or regulations promulgated by the Board, the pemvt, 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 errtry to reclaim the <br />lands affected by the operation, or to respond to an emergarcy as defined by C.R.S. 34-32.5-121(2) <br />