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-2- <br />3. The proposed mining and reclamation operations can be carried out m conformance <br />with the requirements of the Ad, and the Construction Material Rules and Regulations. <br />E. The Pemiittee has made a showing satisfactory to the Board: 1) that i will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimi~r emvironmerrtal <br />disturbance from such operation; 2) that i will provide for reclamation of the Affected bands appropriate to the <br />subsequerrt beneficial use of such lands; and 3) that, in the evern ofthe failure of its proposed reclamation plan, i <br />will take whatever measures maybe necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy of the Pemiittee's application, as amended and supplemented, has been approved by the <br />Board and is, by this reference, inwrporated herein. <br />G. The issuance of this pert does not relieve you from having to comply with all apphcable <br />Federal, State and Courrty statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made in the permit application, as <br />amended and supplemented, and the performance warmuty, hereby issues a life of the mine permit to the <br />Pemmittee, to engage in the operations described in the apphcation on certain lands lying in the County of Larimer, <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 pemmi is issued subject to the following conditions and ageemerrts <br />1) The Pernittee will be bound by all applicable requiremens of the Ad, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the permit application, the temms of the <br />perfommance warranty, and the terms ofthe financial 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 pemut. <br />3) If analyses of the mining and rec]amation operation and the data collected through monitoring <br />and experimentation by the Pemmittee or monitoring by the Division indicate that the operation will nd be able to <br />comply with the requirements of the Ad and applicable rules and regulations of the Board, the Pemmittce 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. Suclm 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 pemmitted operation <br />at all reasonable times for the purpose of inspection to detemmime whether the provisions of the Act, Rules and <br />Regulations, and permit have been comphed with pursuant to C.R.S. 34-32.5-121. <br />5) This pemmit may be revoked or suspended for noncompliance with the Ad or applicable Hiles <br />or regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Act, 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 />