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<br />-2- <br />3. The proposed mummg and recLmmatien operations can be carried out in conformance with the <br />requirenments of the Act, and the Construction Material Rules and Reguhmtions. <br />E. 'The Pennrttee has nmade a showing satisfactory to the Board: 1) that it will erruploy, during and <br />after as underground mining and/or surface operatiars, procedures designed to min;mi~r envirwtrrlental <br />disturbance from such operation; 2) that rt will provide fior reclammation of the Affected Lands appropriate to the <br />subsequart beneficial use of such lands; and 3) that, m the evert of the failure of Rs proposed reclamation plan, <br />it will take whatever measures may be necessary to assure the success of reclanmatiw of the lands affected by <br />sudu operations m accordance with the Ad. <br />F. A copy of the Pemmittee's apphcaticar, as am®ded and suppleme~ed, has beau approved by the <br />Board and is, by this refi:rerrce, incorporated herein. <br />G. The issuance of this permit does not relieve you from having to comply wAh all applicable <br />Federal, State and Counuty statutes, inclurduug State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permit apphcation, as <br />amended and supplemented, and the perfommance wanaoty, hereby issues a life of the mine pemtit to the <br />Permittce, to engage rtr the operations described uu the appGcazion on certain lands lying m dme County of Jackson, <br />State of Colorado. These lands are described in the pemmit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the ftmllowmg cendmons and agreements: <br />1) The Permittee will be bound by all apphcable requirements of the Act, and all apphdble Hiles <br />and regulations of the Board, as amended from time to time, the temus of due permit apphcation, and the temms of <br />the perfomrance warranty filed with the Division. <br />2) The PemuAtce will file wilh tlme Division its annual report and fees m each anniversary date of <br />this pemurt. <br />3) Lf analyses of the mining and reclamation operation and the data collected through monitoring <br />and experirnentation by the Pemmittee or monitoring by the Division uudicate that the operation will not be able ro <br />comply with the requiremerus of the Ad and applicable Hiles and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after consuhing widen the Division, to modify the plans to correct such <br />deficiencies uu the fimue. Such modifications may require technical revisions or amendmarts to the pennrt. <br />4) The Board, or its authorised r~mresentative may enter upon the lands of the permitted operation <br />at all reasonable times for the purpose of hmspecti® to detemmme whether the provisions of the Act, Rules and <br />Reguhutians, and pemmit have bear comphed with pursuant to C.RS. 34-32.5-121. <br />5) This pemmrt may be rewked or suspended for non-compliance wah the Ad or apphcable Hiles <br />or reguLrtions 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 Ad, the Board has a right of entry to reclaim the <br />lands affected by the operation, or to respmd ro an emergency as defined by C.RS. 34-32.5-121(2). <br />