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} • <br />-2- <br /> <br />3. The Proposed mhrmg and reclarrratian operatoms can be carried out m cerformance <br />wAh the requirerrrmts of the Act, and the Consavcbao Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will arrplay, during and <br />after its undergrormd mining and/or surface operations, procedures designed to mrinimize arvironrruatal <br />disturbance from such operation; 2) that rt will provide for reclamatiar of the Affected L.ands aPPropriate to the <br />subsequerrt bareficial use of suodr lands; and 3) that, in the evert of the failure of us proposed reclamation plan, ¢ <br />will take whatever measures may be necessary to assure the success of reclarnatim of the lands affected by such <br />operations m accordance with the Ad. <br />F. A copy ofthe Pernittee's appGcation, as am®ded and supplemarted, has bean approved by the <br />Board and is, by this refermce, incorporated hereur. <br />G. The issuance of this permit does not relieve you fiom having to comply vvrth all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made ;n the permit appGdtion, as <br />artr®ded and supplernmtsd, and the performance warrarrty, hereby issues a life of the mine permit to the <br />Permitcee, to argage in the operations described in the application ar certain Lends lying in the County of Weld, <br />State of Colorado. These lands are described in the pemvrt application, as amended and supplemented, and aze <br />referred to herein as the "Affected Lands". <br />This pernit is issued subject to the following conditions and agreeanmts: <br />1) The Pemrittee will be bound by all applicable requirements of the Act, and all applicable Hiles <br />and regulations of the Board, as amended fionr time to time, the temrs of the permit appbgtion, the terms of the <br />perfomrance warranty, and the terms of dre financial warranty filed with the Division. <br />2) The Pemrittce will file with the Division its amrual report and fees on eadr anniversary date of <br />this pemrrt. <br />3) if analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimartatioxr by the Pemrittce or monitoring by dre Division indicate that the operation will Hat be able to <br />comply with the requirerrrents of the Aa and applicable Hiles and regulations of the Board, the Pernittee hereby <br />agrees to exercise its best efforts, after crosuhing with the Division, to modify the plans to correct such <br />deficiencies in the firture. Such modifications may require tedrnical revisions or amendments to the pemrit. <br />4) The Board, or its authorized representative may enter upon the lands of the pemrilted operation <br />at all reasonable times for the purpose of mspeca~ to determine whether the provisions of the Ad, Rules and <br />Regulations, and permit have be®coxnplied vrrth pursuant to C.RS. 3432.5-321. <br />5) This permit may be revoked or suspended for nonconnpliance with dne Aa or applicable Hiles <br />or regulations promulgated by the Board, the permit, or by violation of a Hoard Order. <br />6) a) Pursuant to 3432.5-118(5) of the Ad, the Board has a right of ®try to reclaim the <br />lands affeded by the operation, or to respond to an emerg®cy as defined by C.RS. 34-32.5-121(2) <br />