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-2- <br />3. The proposed rrrirrhig and reclamation operations can be carried out m confomrance <br />wide the regrdrements of the Act, and the Constmction Material Rules and Regulations. <br />E. The Permiftee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />a$er its rmderground mining and/or surFace operations, procedures designed to minimi~P envirotrnterrtal <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequerrt 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 reclamatioa of the lands affected by such <br />operations in accordance with the Act. <br />F. A copy of the Pemrittee'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 permit does not relieve you fivrrr having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDTI'IONS AND AGREEMENTS <br />The Board, hr reliance upon the relrreserrtations and promises made in the permit appliation, as <br />amended and supplemented, and the perfom~ance warranty, hereby issues a life of the mine pemrit to the <br />Permittee, to engage in the operations described in the application on certain lands lying in the County of Park, <br />State of Colorado. These lands are described in the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />'This permit is issued subject to the following conditions and agreements <br />1) the Pemrittee will be bound by all applicable requirements of the Ad, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the permit apphcation, the temrs of the <br />perfomrance warranty, and the terms of the furanciat warranty filed with the Division. <br />2} The Peanittce will file with the Division its annual 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 through monitoring <br />and experimentation by the Pemrittee or monitorurg by the Division indicate that the operation will not be able to <br />comply with the requirements of the Ad and applicable rules and regulations of the Board, the Pemdttce hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the firture. Surly modifications may require technical revisions or amendmems to the permit. <br />4) The Board, or ifs authorized representative may etrter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to detemune whether the provisions of the Ad, 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 Ad or applicable rules <br />or regulatiars promulgated by the Board, the pemrit, 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 />lands affected by the operation, or to respond to an emergency as defined by C.RS. 34-32.5-121(2) <br />