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1 .• <br />• • <br />-2- <br />3. The proposed mining and reclamation operations can be <br />carried out in ctnformance with the requirements of the Act. <br />D. The Operator has made a showing satisfactory to the Board: 1) <br />that it will employ, during and after Its underground mining and/ar surface <br />operations, procedures designed to minimize environmental disturbance from <br />such operation; 2) that'it will provide for reclamation of the Affected Lands <br />appropriate to the subsequent beneficial use of such lands; and 3) that, in <br />the event of the failure of its proposed reclamation plan, it will take <br />whatever measures may be necessary to assure the success of reclamation of the <br />lands affected by such operations in accordance with the Act. <br />E. A copy of the Operator's application, as amended and <br />supplemented, has been aDProved by the Board and is, by this reference, <br />incorporated herein. <br />F. The Mined land Reclamation Board advises the Permtttee that all <br />mining operators must comply with all applicable federal, State and County <br />statutes, including State water law. <br />GRANT. CONDITIONS ANO AGREEMENTS <br />The Board, in reliance upon the representations <br />such application, as amended and supplemented, hereby is <br />mine permit to the Operator, to engage in the operations <br />application on Certain lands lying in the County of _~ <br />State of Colorado. These lands are described in Exhibit <br />and are referred to herein as the "Affected lands". <br />and promises made in <br />sues a life of the <br />described in the <br />Plata <br />A, attached hereto, <br />This permit is issued sub]ect to the following conditions and <br />agreements: <br />1) The Operator agrees to be bound by all applicable requirements <br />of the Act and all applicable rules and regulations of the Board, as amended <br />from time to time. <br />2) The Operator will file with the Oivlslon Its annual report and <br />fees on each anniversary date of this permit. <br />3) If analyses of the mining and reclamation operation and the data <br />collected through monitoring and experimentation by the Operator or monitoring <br />by the Division indicate that the operation will not be able to comply with <br />the requirements of the Act and applicable rules and regulations of the Board, <br />the Operator hereby agrees to exercise its best efforts, after consulting with <br />the Division, to modify the plans to correct such deficiencies to the future. <br />Such modifications may require technical revisions or amendments to the permit. <br />4) This permit may be revoked or suspended for non-compliance with <br />the Act or applicable rules or regulations promulgated by the Board. <br />5) a) Pursuant to 34-32-118(5) of the Act, the Board has a right <br />of entry to reclaim the lands affected by the operation. <br />