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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirem®ts ofthe Ad, and the Construdian Material Rules and Regulations. <br />E. The Pemritiee has made a showing satisfactory to the Board: 1) that rt will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimi~r enviremnental <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; and 3) that, m the event ofthe failure of its proposed reclamation plan, rt <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations m accordance with the Ad. <br />F. A copy of the Permitce's application, as amended and supplemernted, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does nd reheve you from having to comply with all apphcable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEI~NTS <br />The Board, im reliance upon the represertations and promises made in the permit application, as <br />amended and supplemented, and the performance waratrty, hereby issues a life of the mine permit to the <br />Pemrittee, to engage it the operations described m the applicatiom on certain lands lying it the Courrty of Weld, <br />State of Colorado. These lands are described m the pemrit 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 Percnittee will be bonmd by all applicable requirements of the Ad, and all applicable riles <br />and regulations of the Board, as amended from time to time, the terra of the permit application, the terms of the <br />perfommance warrarnty, and the terms offlne financial warranty filed with the Division. <br />2) The Permitce will file with the Division its annual report and fees on each armiversary date of <br />this permit. <br />3) if analyses of the mining and reclamation operation and the data collected through monitoritg <br />and experimentation by the Pennitee or monitoring by the Division indicate that the operation will not be able to <br />ccnrnply with the requirements of the Ad and applicable rules and regulations of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after cornsuhirg with the Division, to modify the plans to cored such <br />deficiencies in the fintune. Such modifications may require terlmical revisions or amendmerts to the pemrR. <br />4) The Board, or its authoriad representative may errter upon the lands of the permitted 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 bear complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Act or apphcable Hiles <br />or regulations promulgated by the Board, the pemtit, or by viohrtion of a Board Order. <br />6) a) Pursuant ro 34-32.5-118(5) of the Ad, 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.R S. 34-32.5-121(2) <br />