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-2- <br />3. The proposed mining and reclamation operations can be carried out ur confomrance <br />with the requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The PemriUee has made a showing sansfadory to the Board: I) that rt will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minim;~r environrrrerrtal <br />disturbance from such operatics; 2) that it will provide for reclamation ofthe Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event ofthe 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 ofthe Pemdttce's application, as amended and supplemented, has bean approved by the <br />Boazd and is, by this reference, incorporated herein. <br />G. The issuance of this peanit does nat. relieve you from having to comply with all applicable <br />Federal, State and County statutes, includmg State water law. <br />GRANTS. CONDTITONS AND AGREEMENTS <br />The Board, in reliance upon the represartations and promises made in the pemut application, as <br />amended and supplemented, and the perfomrance warranty, hereby issues a life of the mine permit to the <br />Pemuttee, to engage in the operations described in the application on certain lands lying in the County of Conejos, <br />State of Colorado. These lands are described in the pemrit application, as amended and suppleme<ted, and are <br />referred to herein as the "Affected Lands". <br />'Ibis pemrit is issued subject to the following conditions and agreemerrts <br />1) The Permtttee will be bo~md by all applicable requirements of the Ad, and all applicable rules <br />and regulations of the Board, as amended from time to time, the temrs of the permit application, the temrs of the <br />performance warranty, and the temrs of the financial warranty filed with the Division. <br />2) The Pemrittee will file with the Division its annual report and fees os each anniversary date of <br />this permit. <br />3) If analyses of the minurg and reclamation operation and the data collected through monitoring <br />and experimentation by the Permittce or monitoring by the Division indicate that the operation will sat, be able to <br />comply with the requiremetrts of the Ad and applicable rules and regulations of the Boazd, the Pemrittee hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the firture. Such modifications may require teclurical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may eater upon the lands of the permitted operation <br />at all reasonable times for the purpose of rtrspection to determine whether the provisions of the Ad, Rules and <br />Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />S) 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 Board 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 />