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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with [he requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Permittce has made a showing satisfactory to the Boazd: 1) that it will employ, <br />during and after its underground mining and/or surface operations, procedures designed to minimi~g <br />environmental dishrrbance from such operation; 2) that it will provide for reclamation of the Affected <br />Lands appropriate to the subsequent beneficial use of such lands; and 3) that, in the event of the failure <br />of its proposed rcelamation plan, it will take whatever measures may be necessary to assure the success <br />of reclamation ofthe lands affected by such operations in accordance with the Act. <br />F. A copy of the Permdttee's application, as amended and supplemented, has been <br />approved by the Boazd and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not refieve you from having to comply with all <br />applicable 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, <br />as amended and supplemented, and the performance wazranty, hereby issues a life of the mine pemvt to <br />the Permittee, to engage in the operations described in the application on certain lands lying im the <br />County of Lincoln, Stale of Colorado. These lands aze described in the permit application, as amended <br />and supplemented, and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following wnditions and agreements: <br />1) The Permittee will be bound by all applicable requirements of the Act, and all <br />applicable rules and regulations of the Board, as amended from time to time, the terms of the permit <br />application, and the terms of the performance warranty filed with the Division <br />2) The Permittce will file with the Division its annual report and fees on each anniversary <br />date ofthis permit. <br />3) If analyses of the mining and reclamation operation and the data collected through <br />monitoring and experimentation by the Permittee or monitoring by the Division indicate that the <br />operation will not be able to comply with the requirements of the Act and applicable rules and <br />regulations of the Board, the Permittee hereby agrees to exercise its best efforts, after consulting with <br />the Division, to modify the plans to correct such deficiencies in the future. Such modifications may <br />require technical revisions or amendments to the pemrit. <br />4) The Boazd, or its authorized representative may enter upon the lands of the permitted <br />operation at all reasonable times for the purpose of inspection to detemvne whether the provisions of <br />the Act, Rules and Regulations, and permit have been complied with pursuant to C.RS. 34-32.5-121. <br />