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• ` i -2- 3. The proposed mining and reclamation operations can b~ out in conformance with the requirements of the Act. D. The Operator has made a showing satisfactory to the Boa it will employ, during and after its underground mining and/or sur operations, procedures designed to minimize environmental disturbs such operation; 2) that it will provide for reclamation of the Aff appropriate to the subsequent beneficial use of such lands; and 3) the event of the failure of its proposed reclamation plan, it will whatever measures may be necessary to assure the success of reclam lands affected by such operations in accordance with the Act. E. A copy of the Operator's application, as amended and s has been approved by the Board and is, by this reference, incorpo F. The Mined Land Reclamation mining operators must comply with all statutes, including State water law. Board advises the Permittee applicable Federal, State a GRANTS. CONDITIONS AND AGREEMENTS carried 1) that from d Lands t, in of the lemented, ed herein. at all County The Board, in reliance upon the representations and promises made in the permit application, as amended and supplemented, and the perfo ante warranty, hereby issues a life of the mine permit to the Operator, o engage in the operations described in the application on certain lands lyi g in the County of Pueblo, State of Colorado. These lands are described in he permit application, as amended and supplemented, and are referred to herei as the "Affected Lands". This permit is issued subject to the following conditions an~i agreements: 1) The Operator wil] be bound by all applicable requirement of the Act, and all applicable rules and regulations of the Board, as ame ed from time to time, the terms of the permit application, the terms of the performance warranty, and the terms of the financial warranty filed with the Division. 2) The Operator will file with the Division its annual repdrt and fees on each anniversary date of this permit, 3) If analyses of the mining and reclamation operation and he data collected through monitoring and experimentation by the Operator o monitoring by the Division indicate that the operation will not be able to co ply with the requirements of the Act and applicable rules and regulations o the Board, the Operator hereby agrees to exercise its best efforts, after con ulting with the Division, to modify the plans to correct such deficiencies in he future. Such modifications may require technical revisions or amendments t the permit.