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<br />-2- <br />3. The proposed murirrg and reclamation operations can be carried out in conformance <br />with the requirements ofthe Act, and the Constnrc[ios Material Rules and Reguhmtiars. <br />E. The Pemmittee 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 errvironrrestal <br />disturbance from such operation; 2) that it will provide for reclamation ofthe Affected Lands appropriate to the <br />subsequent beeficial use of such lands; and 3) that, ur the event ofthe failure 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 Ad. <br />F. A copy ofthe Permittee's application, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve you from having to comply with all apphcable <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 in the permit apphcation, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine pemmit to the <br />Pernittae, to engage in the operations described in the apphcation on certain lands lying in the County of <br />Arapahoe, State of Colorado. These lands are described m the pemmit application, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />'This permit is issued subject, to the following conditions and agreements: <br />1) The Pemuttee will be bound by all applicable requirements ofthe Act, and all applicable Hiles <br />and regulations ofthe Board, as amended from time to time, the terns ofthe pemrit application, the temms ofthe <br />performance warranty, and the terms ofthe financial wararrty filed with the Division. <br />2) Tire Pernittee will file with the Divisie its annual report and fees a each anniversary date of <br />this pemnit. <br />3) if analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemmittee or monitoring by the Division indicate that the operatics will not be able to <br />comply widr the requirements of the Ad and applicable Hiles and regulations ofthe Board, the Pemmittee hereby <br />agrees to exercise its best efforts, after consuhing with the Division, to modify the plans to correct such <br />deficiecies in the firture. Such modifications may require technical revisions or amendmernts to the pemrit. <br />4) The Board, or its authorized represerntative may eater upon the lands ofthe permitted operation <br />at all reasonable times fur the purpose of inspecAion to determine whether the provisions of the Act, Rules and <br />Regulations, and pemrit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This pemrit may be revoked or suspended for noncompfiance with the Ad or apphcable 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-I 18(5) of the Ad, the Board has a right of ertry to reclaim the <br />lands afltx~ed by the operation, or to respond to an emergency as defined by C.R.S. 34-32.5-121(2) <br />