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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the rm3quiremamts ofthe Ad, and the Cormstrudion Material Rules and Regulations. <br />E. The Pernittee has made a showing satisfadory to the Board: 1) that rt will employ, dmrring and <br />after rts underground mining and/or surface operations, procedures designed to minimize environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequamt bareficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, a <br />will take whatever measures maybe necessary to assure the success of reclarmmatiorm of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Pemmittce'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 pemmit does nd relieve you from having to comply with all applicable <br />Federal, State and Cournty statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upm the represartations and promises made in the pemtit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemnittee, to engage in the operations described in the application on certain lands lying in the County of San <br />Miguel State of Colorado. These lands are described in the permit application, as amended and supplemented, <br />and are referred tv herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Pemtittee will be bound by all applicable requirements of the Act, and all applicable Hiles <br />and regulations of the Board, as amended from time to time, the terms of the permit application, the terms of the <br />perfomnance wartanty, and the temms ofthe financial wartarnty filed with the Division. <br />2) The Pernittee will file with the Division its annual rm~rort and foes on each anniversary date of <br />this pemmit. <br />3) h` analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimamtation by the Pemmittse or monitoring by the Division indicate that the operation will nd be able to <br />comply with the requironerts of the Ad and applicable rules and regulations of the Board, the Pemnittee hereby <br />agrees to exercise its best efforts, after coosuhung with the Division, to modify the plans to correct such <br />defici®cies in the future. Such modifications may require tedmnical revisions or amendmermts to the pemut. <br />4) The Board, or its authorized iepieserntative may sinter upon the lands of the permitted 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 beam complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be evoked or suspended for non~ompGance with the Ad or applicable Hiles <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 Ad, the Board has a right of entry to rechum 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 />