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~~ <br />-2- <br />2. The operation will not adversely affect the stability of any significant, <br />valuable, and petmanem man-made structure located within two hundred feet of the Affected Land, <br />except where there is an agreement between the Operator and the persons having an interest in the <br />structure that damage to the structure is to be compensated for by the Permittee; and; <br />3. The proposed mining and reclamation operations can be carved out in <br />wnfo~a~p with the requirements of the Act, a~ the Construction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, <br />during and after its underground mining and/or surface operations, procedures designed to minimize <br />environmental disturbance from such operation; 2) that it will provide for reclamation of the <br />Affected Lards appropriate to the subsequem beneficial use of such lands; and 3) that, in the evem <br />of the failure of its proposed reclamation plan, it will take whatever measures may be necessary to <br />assure the success of reclamation of the lands affected by such operations in accordance with the Act. <br />F. A copy of the Permittee's application, as amended and supplemented, has been <br />approved by the Boazd and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve you from having to comply with all <br />applicable 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, <br />as amended and supplemented, and the performance warranty, hereby issues a life of the mine permit <br />to the Permittee, to engage in the operations described in the application on certain lands lying in <br />the County of Saguache, State of Colorado. These lands are described in the permit application, as <br />amended and supplemented, and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Permittee will be bound by all applicable requirements of the Act, and all <br />applicable rules and regulations of the Boazd, as amended from time to time, the terms of the permit <br />application, the terms of the performance warranty, a~ the terms of the financial warranty filed with <br />the Division. <br />2) The Permittee will file with the Division its annual report and fees on each <br />anniversary date of this permit. <br />3) If analyses of the mining and reclamation operation and the data collected through <br />monitoring and experimentation by the Permittee or monitoring by the Division indicate that the <br />operation will not be able to comply with the requirements of the Act and applicable rules and <br />regulations of the Boazd, the Permittee hereby agrees to exercise its best efforts, after consulting <br />