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<br />-2- <br />permanent tnan-made structure located within two hundred feet of the Affected Land, except where there <br />is an agreement between the Operator and [he persons having an interest in the structure that damage to the <br />structure is to be compensated for by the Permittee; and; <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the Constmction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: t) that it will employ, during <br />and after its underground mining and/or surface operations, procedures designed to minimize environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate <br />to 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 may be necessary [o assure the success of reclamation of <br />the lands affected by such operations in accordance with the Act. <br />F. A copy of the Pernmittee's application, as amended and supplemented, has been approved <br />by 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 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 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 <br />Las Animas, Slate of Colorado. These lands are described in the permit application, as amended and <br />supplemented, and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Permittee will be bound by all applicable requirenments of the Act, and all applicable <br />rules and regulations of the Board, as amended from time to tune, the terms of the permit application, and <br />the terms of the performance warranty filed with the Division. <br />2) The Pernmittee 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 expermmentation by the Permittee or monitoring by the Division indicate that the operation <br />will not be able to comply with the requirenments of the Act and applicable rules and regulations of the <br />Board, the Permittee hereby agrees to exercise its best efforts, after consulting with the Division, to nmodify <br />the plans to correct such deficiencies in the future. Such modifications may require technical revisions or <br />amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the pernmitted <br />operation at all reasonable tinmes for the purpose of inspection to deternmine whether the provisions of the <br />Act, Rules and Regulations, and permit have been complied witlm pursuant to C.R.S. 34-32.5-121. <br />