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<br /> <br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conforrnance <br />wish the requiremaus of the Act, and the Corusttuction Material Rules and Regulations. <br />E. The Pennrttce has made a showung satisfactory to the Board: 1) that it will employ, duuvng and <br />after its underground mining and/or surface operations, procedures designed to muninnize envuonmertal <br />disturbance from suds 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, m the avian[ oftlne 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 tin accordance with the Ad. <br />F. A Dopy of the Permittee's application, as amended and supplemented, has been approved by the <br />Board and is, by Ibis reference, incorporated herein. <br />G. The issuance of this pemnit does nd relieve you from having to cmr~ly vvidn all applicable <br />Federal, State and County statrrtes, includong State water law. <br />GRANTS. CONDITIONS AND AGREEMEN'T'S <br />The Board, in reliance nupon the representations and promises made in the pemtit application, as <br />amended and supplemented, and the perfomnance warranty, hereby issues a life of the mine pemnrt to the <br />Permittee, to engage tin the operations described in the application oo certain lands lying in the Cormry of Adams, <br />State of Colorado. These lands are described in the permit application, as am®ded and supplemerted, and are <br />referted to hereon as the "Affected I.aznds". <br />This permit in issued subject to the following cmditiorrs and agreemerts: <br />1) The Permittee will be bound by all applicable requinanents of the Ad, and all applicable Hiles <br />and regulatious of the Board, as amended from time to time, the terms of the permit application, the terms of the <br />perfomrance warranty, and the terms ofthe financial wartartty filed with dre Division. <br />2) The Pemnittee will 51e with the Division its annual report and fi~ on eadn armiversary date of <br />this permit. <br />3) If analyses of the mining and elclanation operaim and the data collected through monitoring <br />and experimentation by the Permitce or monitoring by the Ihvision indicate that the operation will not be able to <br />comply with the requirements of the Ad and applicable Hiles and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, offer oonsutting with the Division, to modify the plans to correct such <br />deficiencies in the fimrre. Suds modifications may require technical revisions or amendments to the pemrit. <br />4) The Board, or its authorized represertative may ewer upon the lands of the permitted operatics <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 bear conrphed with pursuant to C.R.S. 3432.5-121. <br />5) This permit may be revoked or suspended fur non~orr~liance wGh the Act or apphcable Hiles <br />or regnrlatians promulgated by the Board, the pemit, or by violation of a Board Order. <br />b) a) Punsuarrt to 3432.5-118(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. 3432.5-121(2) <br />