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-~- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the Conshuction Material Rules and Regulations. <br />E. The Pemrittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimi~r envirorunental <br />disturbance from such operation; 2) that. it will provide for reclamation of the Affected Iands appropriate to the <br />subsequent 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 reclamation of the lands ad~ected by such , <br />opemtions in accordance with the Act. <br />F. A wpy of the Pennittee'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 the Pemrittee from having to comply with all <br />apphcable Federal, State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the pemrit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemrittee, to engage in the operations described in the application on certain lands lying in the County of Otero, <br />State of Colorado. These lands are described in the pemtit apphcation, as amended and supplemented, and are <br />referred to herein as the "Affected bands". <br />This pemut is issued subject to the following conditions and agreements: <br />1) The Permittee will be bound by all apphcable requirements of the Act, and all applicable roles <br />and regulations of the Board, as amended from time to time, the terms of the pemrit application, and the terms of <br />the perforniance warranty filed with the Division. <br />2) The Permittce 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 Pemuttce or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable roles and regulations of the Board, the Pemuttee hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct 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 pemritted operation <br />at all reasonable times for the purpose of inspection to detemrine whether the provisions of the Act, Rules and <br />Regulations, and pem>it have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This pemtit may be revoked or suspended for noncompliance with the Act or applicable Hiles <br />or regulations promulgated by the Board, the pemrit, or by violation of a Board Order. <br />