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<br />-2- <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during <br />and after its underground mining and/or surface operations, procedures designed to minimize envvonmental <br />disturbance from such operation; 2) that it will provide for reclamation ofthe Affected Lands appropriate to <br />the subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed <br />reclamation plan, it will take whatever measures maybe necessary to assure the success of reclamation ofthe <br />lands affected by such operations in accordance with the Act. <br />F. A copy ofthe Penniriee's application, as amended and supplemented, has been approved by <br />the 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 application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Permittee, to engage in the operations described in the application on certain lands lying in the County of La <br />Plata, State ofColorado. These lands are described in the permit 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 />l) The Permittee will be bound by all apphcable requirements of the Act, and all applicable <br />rules and regulations of the Board, as amended from time to time, the terms of the permit application, the <br />terms ofthe performance warranty, and the terms ofthe financial warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report and fees on each anniversary date <br />of this permit. <br />3) If analyses of the mining and reclamation operation and the data collected through <br />monitoring and experimentation by the Permittee or monitoring by the Division indicate that the operation <br />will not be able to comply with the requvements of the Act and applicable rules and regulations ofthe Board, <br />the Permittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans <br />to correct such deficiencies in the future. Such modifications may require technical revisions or amendments <br />to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permitted <br />operation at all reasonable times for the purpose of inspection to determine whether the provisions ofthe Act, <br />Rules and Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or suspended for non-compliance with the Act or applicable <br />rules or regulations promulgated by the Board, the permit, or by violation ofa Board Order. <br />6) a) Pursuant to 34-32.5-1 I8(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 />