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• <br />-2- <br />3. The proposed mining and reclarrmation operatons can be carried out in cmforrrmance <br />with the requirements ofthe Ad, and the Construction Material Rules and Regulations. <br />E. The PesniUee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its undergrormd mining and/or surface operations, procedures designed to minimi~P environmattal <br />disturbance from such operatics; 2) that it will provide for reclamatiett of the Affected Lands appropriate to the <br />subsequent bareficial use of such lands; and 3) that, in the evert ofthe failure of its proposed reclmation plan, it <br />will take whatever measures may be necessary to assure the success of reclasiatiar of the lands affected by such <br />operations irm accordance with the Ad. <br />F. A copy ofthe Permittee's applcatiaa, as amended and supplemented, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does sd relieve you from having to conmlily with all applcable <br />Federal, State and Cormty statutes, rtacludmg State water law. <br />GRANTS. CONDTIIONS AND AGREEMENTS <br />The Board, m reliance upon the represartatiass and promises made ro the permit application, as <br />amended and supplearmamted, and the perforance wartanty, hereby issues a life of the mine permit to the <br />Pesnittse, to engage um the operations described ire the applcation on certain lands lying m the County of <br />Huerfimo, State of Colorado. These lands are described in the permit application, as amended and supplemaated, <br />and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the followrtag conditions and agreements: <br />1) The Peanittee will be bound by all applcable requiresmermts of the Ad, and all applicable Hiles <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 teens ofthe financial warranty filed with the Division. <br />2) The Perrnittee will file with the Division its ammual report and foes oa each anniversary date of <br />this permit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimartation by the Pemmittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Ad and apphcable Hiles and regulations of the Board, the Pemmitte~e hereby <br />agrces to exercise its best efforts, after carsulting with the Division, to modify the plans to correct such <br />deficiencies m the future. Such modifications may require technical revisions or arr~dm®ts to the permit. <br />4) 7}me Beard, or its authorized r~resentative may suer upm the lands of the permitted operatic <br />at all reasonable times for the purpose of iraspectien to determine whether the provisions of the Act, Rules and <br />Regulations, and pemri[ have been camphed with pursuarrt to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or susp®ded for n~~ompliance with the Ad or apphcable riles <br />or eugulatioas promulgated by the Board, the permit, or by violrtics of a Board Osier. <br />6) a) Pursuant to 34-32.5-118(5) of the Ac{ the Board has a right of artty to reclaim the <br />lands affected by the operation, or to respond to an emergamcy as defined by C.R.S. 34-32.5-121(2) <br />