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-2- <br />3. The proposed mamnmg and reclamation operations can be carried out in conformance <br />with the requirements of the Ad, and the Construction Material Rules and Regulations. <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 amviranmerrtal <br />disturbance from such operation; 2) that it will provide for rcelartmation ofthe Affrxted Lands appropriate to the <br />subsequart beneficial use of such lands; and 3) that, in the evert of the 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 />t>peratiwns in accordance with the Ad. <br />F. A copy of the Pemmittee's application, as amended and supplemented, has beam approved by the <br />Board and is, by this reference, incorporated herein. <br />G. 'Ilene issuance of this pemmit does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDTITONS AND AGREEMENTS <br />The Board, m reliance upan the represartations and promises made in the pemvt application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the more permit to the <br />Penuittee, to engage in the operations described in the application on certain lands lying nr the County of <br />Fremarrt, State of Colorado. These lands are described in the permit application, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />This pemnit is issued subject to the following conditions and agreemernts <br />1) The Pemuttee will be bound by all applicable requirements o£the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the pemvt application, and the temps of <br />the performance warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report and foes on each anniversary date of <br />this pemnit. <br />3) If analyses of the mining and reclamation operatomm and the data collected through monitoring <br />and experimartation by the Permittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirarrreirts of the Ad and apphcable rtes and regulations of the Board, the Periittee hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies un the fixture. Such modifications may require technical revisions or amendments to the peanit. <br />4) The Board, or its authorized representative may errter upon the lands of the pemnitted operation <br />at all reasonable times for the purpose of inspection to dctemtine whether the provisions of the Act, Rules and <br />Regulations, and permit have beam complied with pursuarrtto C.RS. 3432.5-121. <br />5) This pemmit may be revoked or suspended for noncompliance with the Ad or applicable rules <br />or regulations promulgated by the Board, the pemrit, 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.RS. 3432.5-121(2). <br />