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-~- <br />3. The proposed nmirilng and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the Constmction Material Rules and Regulations. <br />E. The Pemuttee 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 W nmirmimize environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected I.arrds appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the ]ands affected by such <br />operations in accordance with the Act. <br />F. A copy of the Perrnittce'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 pernit does not relieve the Pemmittee from having to comply with all <br />applicable Federal, State and County statutes, including State water law. <br />The Board, in reliance upon the represerrtations and promises made in the permit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemmittce, to engage in the operations described in the application on certain lands lying in the Courtty of Phillips, <br />State of Colorado. These lands aze described rn 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 agreemeNs <br />1) The Pemmittee will be bound by all applicable requiremems of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the permit application, and the temrs of <br />the perforiance warranty filed with the Division. <br />2) The Penmrittee will file with the Division its annual report and flees on each anniversary date of <br />this permit. <br />3) If analyses of the minim and reclamation operation and the data collected through monitoring <br />and experimentation by the Petrnittee or monitoring by fife Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies um the future. Such modifications may require technical revisions or amendments to the pemmit. <br />4) The Boazd, or its authorized representative may enter upon the lands of the pemutted operation <br />at all reasonable times for the purpose of inspection to detemmine whether the provisions of the Act, Rules and <br />Regulations, and pemmit have been complied with pursuant to C.R_S. 34-32.5-121. <br />5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules <br />or regulations promulgated by the Boazd, the permit, or by violation of a Board Order. <br />