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-2- <br />3. The proposed nrinvrg and reclamation operations can be carried out in conformance <br />with the requiremerrts ofthe Act, and the Constmdion Material Rules and Regulations. <br />E. The Pennittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its undergound mining and/or surface operations, procedures designed to minimi~n environmental <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 ofthe failure of its proposed reclamation plan, it <br />wilt take whatever measures may be necessary to assure the success of reclamation ofthe lands affected by such <br />operatimrs m accordance with the Ad. <br />F. A copy of the Pemrittee's application, as amended and supplemented, has been approved by the <br />Board and is, by this referarce, incorporated herein. <br />G. The issuance of this permit does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. COND11'IONS AND AGREEMENTS <br />The Board, itr reliance upon dre representations and promises made ur the permit apphcation, as <br />amended and supplemented, and the perfomrarrce warranty, hereby issues a life of the mine permit to the <br />Pernittee, to engage in the operations described in the application on certain lands lying in the County of Provers, <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 pemut is issued subject to the following conditions and agreemerrts <br />1) The Pemrittee will be bound by all apphcabk requirements ofthe Act, and alt applicable rules <br />and regulations ofthe Board, as anrarded from time to time, the terms of the pemut application, and the terms of <br />the performance warranty 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 ofthe mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pennittee or monitoring by the Division indicate that the operation will nd be able to <br />comply with the requirements ofthe Ad and apphcable roles and regulations ofthe Board, the Pernuttce hereby <br />agrees to exercise its best efforts, a8er consuitnrg widr the Division, to modify the plans to correct such <br />deficiencies in the fimrre. Such modifications may require technical revisions or amr~rdmarts to the permit. <br />4) The Board, or its authorized r~reserr[ative may aver upon the lands ofthe pemritted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Ad, Rules and <br />Regulations, and permit have bean complied with pursuarrt to C.RS. 34-32.5-121. <br />5) This pemrit may be revoked or suspended for noncompliance with the Ad or applicable rules <br />or regr4~tions promulgated by the Board, the permit, or by violation of a Board Ordet. <br />6) a} Pursuant to 34-32.5-I 18(5} of the Act, the Board has a right o£ entry to reclaim the <br />lands affected by the operation, or to respond to an emergency as defined by C.R.S. 34-32.5-121(2). <br />