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-2- <br />3. The prq~osed mining and reclanmation operations can be tamed out in camformance <br />with the requirements ofthe Act, and the Camstructiwm Material Rules and Regulatiwms. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will eumlrloy, during and <br />after its undergound mining and/or surface operations, procedures designed to minimise arvirormietrtal <br />disturbance fiom such operation; 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 reclamatiam plan, it <br />will take whatever measures may be necessary to assure the success of reclamation ofthe lands affected by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Pemmittee's application, as amended and supplemented, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemmit does not relieve you from having to comply with all applicable <br />Federal, State and County stahrtes, including State water law. <br />GRANTS CONDTI'IONS AND AGREEMENTS <br />The Board, in reliance upon the r~rresartations and promises made in the permnik application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine pernut to the <br />Pemiittee, to engage in the operations described in the application on certain lands lying m the County of <br />Gunnison, State of Colorado. These lands aze described in the permit applicatior, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements <br />1) The Pemmittee will be bound by all applicable requiremerts of the Ad, and all applicable Hiles <br />and regulations ofthe Board, as amended from time to time, the teens of the peanit application, the terms ofthe <br />performance warranty, and the temms ofthe financial warranty Sled with the Divisiar. <br />2) The Pemmittee will file with the Division its annual Mort and foes an eadr anniversary date of <br />this pemmit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimartatiwm by the Pemmittce or monitoring by the Divisiarr indicate that the operatan will not be able to <br />comply with the requirements ofthe Ad and applicable rules and regulations ofthe Board, the Pemmittce hereby <br />agrces to exercise its best efforts, after carsulting with the Division, to modify the plans to correct such <br />deSciencies in the future. Such modifications may require terluucal revisions or amendmarts to the pemmit. <br />4) The Board, or its authorized rgmresartative may after upon the lands ofthe pemmittsd operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Ad, Rules and <br />Regulations, and permit have bear complied with pursuant to C.RS. 34-32.5-121. <br />5) This pemit may be revoked or suspended for noncotnpliance with the Ad or applicable Hiles <br />or regulations promulgated by the Board, the pemmit, 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 emergarcy as deSned by C.R.S. 34-32.5-121(2) <br />