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-~- <br />3. The proposed minng and reclaznation operations can be carried out in wnformance <br />with the requiremems of the Act, and the Construction Material Rules and Regulations. <br />E. The Pemiittee 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 minimize environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; aced 3} that, in the event of the failun: of its 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 Perrnittce's applicatioq as amended and supplemented, has been approved by the <br />Boazd and is, by this reference, incorporated herein. <br />G. The issuance of this pemut does not relieve the Pemrittee from having to comply with all <br />applicable Federal, State and County statutes, including State water law. <br />The Boazd, irr reliance upon the representations and promises made in the pernit applicatioq as <br />amended and supplemented, and the performance waranty, hereby issues a life of the mine pemit to the <br />Permittee, to engage in the operations described in the application on certain lands lying in the County of Phillips, <br />State of Colorado. These lands are described in the pemvt application, as amended and supplemented, and are <br />refen~ed to herein as the "Affected Lands". <br />This pernrit is issued subject to the following conditions and agrcements <br />1) The Permittee will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the permit applicatioq and the terms of <br />the perfomratrce warranty filed with the Division. <br />2) The Pemiittee will Sle with the Division its annual report and fees on each anniversary date of <br />this permit. <br />3) h` analyses of the mining and reclaznation operation and the data collected through monitoring <br />and experimentation by the Pernuttee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable rules and regulations of the Board, the Pernrittce hereby <br />agrees to exercise its best efforts, after consulting with dre Divisioq 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 repneserrtative may enter upon the lands of the pernitted operation <br />aT all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and permit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Ad or applicable riles <br />or regulations pmmulgated by the Board, the perrrrit, or by violation of a Board Order. <br />