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.- . <br />-2- <br />3. The proposed mining and reclamation operatives can be carried out rtr conformance <br />with the requiremarts of the Ad, and the Construction Material Rules and Regulations. <br />E. The Pertnittce 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 envirorunertal <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, m the evert ofthe failure of its proposed reclantation plan, rt <br />will take whatever measures may be necessary to assure the success of reclamation of the lands aflfectad by such <br />operations in accordance with the Ad. <br />F. A copy of the Permittee's application, as amended and supplemeted, has been approved by the <br />Board and is, by this refi;rarce, incorporated herein. <br />G. The issuance of this pemtit does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDTI'fONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permit application, as <br />amended and supplemented, and the performance waranty, hereby issues a life of the mine pemtit to the <br />Pemrittce, to engage in the operations described in the application on certain lands lying m the County of Routt, <br />State of Colorado. These lands are described in 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 agrcemerrts: <br />1) The Pemrittee will be botmd 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 pemrit application, the terms of the <br />perfomtance warranty, and the terms of the financial warranty Sled with the Division. <br />2) 'ihe Pemrittee will file with the Division its annual report and fees on each anniversary date of <br />this permit. <br />3) (f analyses of the minurg and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemtittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requiremems of the Act and applicable rules and regulations of the Board, the Pemrittee hereby <br />agrees to exercise its best efforts, after corrsuhing with the Division, to modify the plans to correct such <br />deficiencies m the future. Such modifications may require technical revisions or am®dmr®ts to the pertnrt. <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 wh~}rer the provisions of the Act, Rules and <br />Regulations, and pemrit have been wmplied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or cusp®ded for noncompliance with the Ad or applicable Hiles <br />or mg+~ I~ions promulgated by the Board, the permit, or by violation of a Bwrd Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim 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 />