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<br />-2- <br />2. The operation will not adversely affect the stability of any significant, valuable, and <br />permanem man-made structure located within two hundred fee[ of the Affected Land, except where there is an <br />agreement between the Operator and the persons having an interest in the structure that damage to the structure <br />is to be compensated for by the Pertnittee; and; <br />3. The proposed n„"'"g aM reclamation operators can be carried out in conformance with <br />the requirements of the Ac[, and the Constmction Material Rules and Regulations. <br />E. The Pemtittee has made a showing satisfactory to the Boazd: I) that it will employ, during and <br />after its uttdergrortnd mining and/or surface operations, procedures desigtted [o minimize environmental disturbance <br />from such operation; 2) [hat it will provide for reclamation of the Affected Lands appropriate to the subsequent <br />bereficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it will take <br />whatever treasures may be necessary to assure the success of reclamation of the lands affected by such operations <br />in accordance with [he Act. <br />F. A copy of the Pertnittce'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 permit does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Baatd, in reliance upon the representations and promises trade io the permit application, as amended <br />and supplemented, and the performance warranty, hereby issues a life of the [[tine permit to the Permittee, [o <br />engage in the operations described in the application on certain lands lying in the County of Fremont, State of <br />Colorado. These lands are described in the permit application, as amended and supplememed, and are referred <br />to herein as the "Affected Lands". <br />This permit is issued subject [o the following conditions and agreements: <br />1) The Perrnittee will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to tithe, the terms of the permit application, the tetras of the <br />performance warranty, and the terms of [he fittaceial warranty filed with the Division. <br />2) The Pertrtittce will file with the Division its annual report and fees on each anniversary date of <br />this permit. <br />3) If analyses of the mitdgg attd reclatrrarion operation and the data collected through monitoring and <br />experimentation by the Pemtittee or monitoring by the Division indicate that the operation will not be able to <br />cottrply with the requiremens of the Act and applicable rules and regulations of the Board, the Pertnittee hereby <br />agrees [o exercise its best effotts, after consulting with the Division, to modify the plans to correct such <br />deficiencies io the future. Such modifications may require technical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection [o determine whether the provisions of the Act, Rules and <br />Regulations, and permit have been complied with pursuant [o C.R.S. 34-32.5-121. <br />5) This permit [nay be revoked or suspended for noncompliance with the Act or applicable rules <br />or regulations promulgated by the Boazd, the permit, or by violation of a Board Order. <br />