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-2- <br />3. The proposed mining and reclamation operations can be carried out in canfomiance <br />with the requiremerrts ofthe Act, and the Construction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, procedures designed to m;nim~ environmental <br />disturbance from 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 evern of the failure of its pr~osed 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 Act. <br />F. A copy ofthe Pemuttee's apphcation, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemut does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDTITONS AND AGREEMENTS <br />The Board, in reliance upon the re[rreserrtations and promises made in the permit application, as <br />amamded and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pentmittee, to engage in the operations described in the apphcation on certain lands lying in the Cotmmy of Adams, <br />State of Colorado. These lands are described ¢r the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreemerrts <br />1) The Perntittee will be bound by all applicable requiremarts of the Act, and all applicable rules <br />and regulations ofthe Board, as amended from time to time, the terms ofthe permit apphcation, the terrrms ofthe <br />performance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Petmittee will file with the Division its annual r~rort and fees on each anniversary date of <br />this permit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimartation by the Pemmittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the regrmiremerrts of the Act and applicable rules and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after camsuhuig with the Division, to modify the plans to correct such <br />deficiencies in the fixture. Such modifications may require teclumical revisions or amendmarts to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the pen'nitted operation <br />at all reasonable times for the purpose of inspection to detemmine whether the provisions of the Act, Rules and <br />Regulations, and permit have beery complied with pursuarrt to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for nay-compliance with the Act or applicable roles <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 />