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<br />-3- <br />As an authorized representative of the Applicant/Operator, I hereby certify that the <br />mining operation described above will be conducted in accordance with the following <br />terms and conditions: <br />(a) All necessary approvals from local government will be obtained; <br />(b) A copy of the Notice included as Application Exhibit E has been delivered to <br />each owner of the affected lands and to each owner of lands immediately <br />adjacent to the affected lands; <br />(c) No mining operations will begin until either (i) the Applicant/Operator is <br />notified by the Division that this application has been approved, OR (ii) the <br />Division fails to notify Applicant/Operator that the application is denied <br />within fifteen (15) calendar days of the date upon which the application was <br />determined to be complete; <br />(d) A financial warranty has been posted with the Division in the amount of <br />E1 ,000.00 if the operation will include one acre or less of affected land, or <br />E1 ,500.00 if more than one acre will be affected (see Rule 10.2(12)); <br />(e) The mining operation will affect less than two acres, and extract less than <br />70,000 tons of mineral, overburden, or combination thereof per calendar year; <br />(f) No sand, gravel or quarry aggregate will be produced for sale; <br />(g) No mining operations will be located in or adjacent to a stream channel; <br />(h) No minerals will be processed by acid or toxic-forming chemical means; <br />(i) The mining operation will not adversely affect the stability of any <br />significant, valuable, and permanent man-made structures located within two <br />hundred (200) feet of the affected lands, except where there is an agreement <br />between the Applicant/Operator and the persons having an interest in the <br />structure that damage to the structure is to be compensated for by the <br />Applicant/Operator; <br />(j) No mining operation will be located on lands where such operations are <br />prohibited by law; <br />(k) The Applicant/Operator's reclamation plan described in Application Exhibit D <br />and the implementation of that plan are and will be consistent with the <br />general reclamation requirements specified in Section 34-32-116 of the <br />Colorado Mined Land Reclamation Act and Rule 6 of the Mineral Rules (see <br />Application Exhibit D); <br />(1) No mining operations for which the Applicant/Operator has responsibility <br />under the Colorado Mined Land Reclamation Act has been found to be currently <br />in violation of that Act; <br />(m) One complete copy of the Application Form and Application Exhibits, together <br />with any supplemental information provided by the Applicant/Operator to the <br />Division has been provided to the County Clerk and Recorder for each county <br />in which affected lands will be located; and <br />