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.._ . ~, <br />-2- <br />u <br />2. The operation will not adversely affect the stability of any significant, valuable, and <br />permanent man-made structure located within two hundred feet ofthe Affected Land, except where there is an <br />agreement between the Operator and the persons having an interest in the structure that damage to the structure <br />is to be compensated for by the Permittce; and; <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements ofthe Act, and the Construction Material Rules and Regulations. <br />E. The Pem»ttee 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 environmental <br />disturbance from such operation; 2) that it will provide for reclamation 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, <br />it will take whatever measures may be necessary to assure the success of reclamation ofthe lands affected by <br />such operations in accordance with the Act. <br />F. A copy of the Pemuttee'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 permit does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS 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 wartanty, hereby issues a life of the mine permit to the <br />Permittee, to engage in the operations described in the application on certain lands lying in the County of <br />Phillips, State ofColorado. These lands are described in the permit application, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Pertnittee will be bound by all applicable requirements ofthe Act, and all applicable rules <br />and regulations ofthe Board, as amended from time to time, the terms ofthe permit application, the terms ofthe <br />performance warranty, and the terms ofthe financial warranty filed with the Division. <br />2) The Pertnittee will file with the Division its annual report and fees on each anniversary date of <br />this permit. <br />3) [fanalyses ofthe mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Permittce or monitoring by the Division indicate that the operation will not be able <br />to comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittee <br />hereby agrees to exercise its best efTorts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require tcehnical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands ofthe permitted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions ofthe Act, Rules and <br />Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />