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-_ <br />_2. <br />E. The Permittee 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 Lards 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 />will take whatever measures may be necessary to assure the success of reclamation of the lards affected by such <br />operations in accordance with the Act. <br />F. A copy of the Pernittee'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 pernit 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 represemations aril 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 lards lying in the County of <br />Saguache, State of Colorado. 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 agreemerrts: <br />1) The Permittee 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 terns of the permit application, the terms of the <br />performance warranty, and the terns ofthe financial warranty filed with the Division <br />2) The Permittee will file with the Division its armual report and foes on each anniversary date of <br />this permit. <br />3) If analyses of the mining and reclamation operation and the data collected though monitoring <br />and experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittee 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 Boarl, or its authorized representative may enter upon the lands of the pemritted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit 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 />6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim the <br />(ands affected by the operation, or to respond to an emergency as defitred by C.R.S. 34-32.5-121(2) <br />