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<br />• • <br />-2- <br />3. The proposed nrinumg and reclamation operations can be carried out in conformance <br />wdh the requirements of the Ad, and the Constructive Material Rules and Regulations. <br />E. The PemvCee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its rmdergrormd mining and/or surface operations, procedures designed to minimise envirvemertal <br />dishmrbance from such operation; 2) that rt will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the even[ of the failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assmrre the success of reclamation of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy of the Pernittee's apphcation, as amended and supplemented, has been approved by the <br />Board and is, by this reference, 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, mcludmg State water law. <br />GRANTS. CONDffIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made m the permit application, as <br />armtamded and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Perrnittee, to engage um the operations described ben the applicatve ve certain lands lying in the County of Chaffee, <br />State of Colorado. These lands are described ur the permit apphcative, as amamded and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following cveditions and agreements: <br />I) The Permittee will be bound by all applcable requirements of the Ad, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the permit application, the terms of the <br />performance warranty, and the terms of the firmancial warranty filed with the Divisive. <br />2) The Permrttee will file with the Division rts annual report and fees ve eadr anniversary date of <br />this pem». <br />3) If analyses of the mining and reclamation operative and the data collected through monitoring <br />and experimentation by the Pernuttee or monitoring by the Divisive indicate that the operation will no[ be able to <br />corrmply with the requirements of the Ad and apphcable rules and regulations of the Board, the Pemrittee hereby <br />agrees to exercise its best efforts, after evesuhing with the Division, to modify the plans to correct such <br />deficiencies in the fimture. Sudr modifications may require teclmical revisions or amendments to the pemvt. <br />4) The Board, or its authorized represeNative may emer upon the lands of the permitted operative <br />at all reasonable times for the purpose of urspective to determine whether the provisions of the Ad, Rules and <br />Regulations, and permit have bear comphed with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for nve~omrmphance with the Ad or apphcable roles <br />or regulations promulgated by the Board, the pemrit, or by violative of a Board Order. <br />6} a} Pursuant to 34-32.5-118(5) of the Act, the Board has a right of etmtry to reclaim the <br />lands affected by the operation, or to cespved to an emergency as defined by C.R.S. 34-32.5-121(2) <br />