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i "~ • • <br />-2- <br />3. The proposed musing and reclamation operations can be carried aut m cormfommance <br />with the requirenmemts of the Ad, and the Construction Material Rules and Regulations. <br />E. The Pernittce has made a showing satisfactory to the Board: 1) that rt will enmploy, during and <br />after its underground mining and/or surface operations, procedures designed W minimize envirauneval <br />disturbance from suds operation; 2) that it will provide for reclamation of the Atieded Lands appropriate to the <br />subsequem beneficial use of such lands; and 3) that, in the even ofthe failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclanmatian of the lands afiietxed by such <br />operations in accordarmce with the Ad. <br />F. A copy of the Pennittee'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 rid rebeve you from having ro comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the represertations and promises made in the permit apphcation, as <br />amended and supplemented, and the performance warranrty, hereby issues a life of the mine permit to the <br />Pernittce, to engage in the operations described in the application on certain lands lying ;n the County of Adams, <br />State of Colorado. 'These lands are described in the pernrt appGptior, as amended and suPPlemertad, and are <br />referred to herein as the "Affected Lands". <br />This pemmrt is issued subject ro the following conditions and agreements: <br />1) 'she Permittce will be bound by all applicable requirernems of the Ad, and all applicable Hiles <br />and reguhmtions of the Board, as amended from time to time, the terms of the permit apphcation, the temms of the <br />performance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report and fees on eachm anniversary date of <br />this permit. <br />3) Lf analyses of the mining and reclammation operation and the data collected through monitoring <br />and experimertation by the Pernrttee or monitoring by the Division indicate that the operation will rid be able to <br />comply widen the requirements of the Ad and apphcable Hiles and regulations of the Board, the Pemmittce hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the fubrre. Such modifications may require technical revisiams or ammemdmcets ro dine 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 to determine whether the provisions of the Act, Rules and <br />Regulations, and permit have bean complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revolted or suspended for nonrampliance with the Ad or applicable Hiles <br />or regulations prommilgated 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 dine <br />lands affected by the operation, or to respond to an emergency as defined by C.RS. 34-32.5-121(2) <br />