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<br />_2_ <br />3. The proposed mn~ing and reclamation operations can be carried out in conformance <br />with the requir~arrerrts ofthe Act, and the Constmction Material Rules and Regulations. <br />E. The Pennittee 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 minimize arvironmartal <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequart beneficial use of such lands; and 3) that, in the event ofthe failure of its proposed 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 Ad. <br />F. A copy of the Permittee's application, as amended and supplemented, has bear approved by the <br />Board and is, by this referarce, incorporated herein. <br />G. The issuance of this pemrit does nar relieve you from having to comply with all applicable <br />Federal, State and County statutes, urcludmg State water law. <br />GRANTS_ CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made m the permit appliptice, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pernrittee, to argage in the operations described in the application ~ certaar lands lying in the Cormty of Lmcoln, <br />State of Colorado. These lands are described in the pemtit application, as amended and supplemerted, and are <br />referred to herein as the "Affected Lands". <br />This penal is issued subject to the following conditions and agreerrrarts <br />1) The Pernittce will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amatded from time to time, the terms of the penal application, and the temrs of <br />the performance wanarty Sled with the Division. <br />2) The Pernittee will Sle with the Division its annual report and foes on eadr amdversary date of <br />this pemrit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pem~ittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requiremeNs of the Act and applicable rules and regulations of the Board, the Pemrittce hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the future. Such mradifications may require technical revisions or amendmarts to the permit. <br />4) The Board, or its authorized representative may errter upon the lands ofthe 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 pemrit have bear complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit maybe revoked or suspended for noncompliance with the Ad or applicable Hiles <br />or regulations promulgated by the Board, the pernit, or by violation of a Board Order. <br />6) a) Pursuam to 34-32.5-118(5) of the Act, the Board has a right of enny to reclaim the <br />lands affected by the operation, or to respond to an emergency as defined by C.RS. 34-32.5-121(2). <br />