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<br /> <br />-z- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirerrrarts of the Ad, and the Construction Material Rules and Regulations. <br />E. The Pemrittce bas made a showing satisfactory to the Board: 1) that it will employ, during and <br />after rts underground mining and/or surface operations, procedures designed ro minimvr ®vironm®tal <br />disturbance from such operation; 2) that rt will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of sudr lands; and 3) that, in the event of the failure of ¢s proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Act. <br />F. A copy of the PemrRtce's applicatiwr, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. 'The issuance of this pemrit does not relieve you frorn having to corr~ly wRh all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDI'T'IONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permit application, as <br />amended and supplemented, and the perfornance wartanty, hereby issues a lifie of the mine pemtit to the <br />Pertnittee, to engage in the operations described in the application on certa¢r lands lying m the County of Pueblo, <br />State of Colorado. 'These lands are described in the pemrit application, as amerded and supplemented, and are <br />referred W herein as the "Affected Lands". <br />This permit is issued subject to the followurg canditioms and agreements: <br />1) The Permittee will be bound by all applicable requirements of the Act, and all apphcable Hiles <br />and regulations of the Board, as amended from time to time, the temu of the pemrit apphcaLion, the terms of the <br />performance wartanty, and the terms of the financial waranty filed with the Division. <br />2) 'The Pemrittee will file with the Division its annual report and fees on 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 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 Ad and apphcable Hiles and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after ccosuhurg with the Division, to modify the plans to coned such <br />deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. <br />4) 'The Board, or its authorized representative may enter upon the lands of the pemriVed operation <br />at all reasonable times for the purpose of inspection to detemrine whether the provisions of the Act, Rules and <br />Regulations, and permit have been complied vvRh pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for nontonrpliance with the Ad or applicable Hiles <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 emry to reclaim the <br />lands al3eded by the operation, or to respond to am emergency as defined by C.RS. 34-32.5-121(2) <br />