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-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Pemvttee has made a showing sarisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimize environmental <br />disturbance from such operation; 2) that it will provide for reclaniation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it <br />wilt take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Act. <br />F. A copy of the Pemrittce'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 pemrit does not reheve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the pemrit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine pemtt to the <br />Pennittee, to engage in the operations described in the application on certain lands lying in the County of <br />Montrose, State of Colorado. These lands are described in the permit appliartion, as amended and supplemented, <br />and are referred to herein as the "Affec:ted Lands". <br />This pemrit is issued subject to the following conditions and agreemetrts <br />1) the Pemrittce will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the pemmit apphcation, the terms of the <br />performance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Perrrrittee will file with the Division its annual report and fees on each anniversary date of <br />this pemit. <br />3) If analyses of the mining and reclamation operation and the data wllected through monitoring <br />and experimentation by the Pemuttce or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable odes and regulations of the Board, the Pennittee 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 modifications may require technical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands ofthe pemutted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and pemut have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This pemmit may be revoked or suspended for noncompliance with the Act or applicable rules <br />or regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />