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<br />u <br /> <br />-z- <br />3. The proposed mining and reclamation operations can be <br />carried out in conformance with the requirements of the Act, and the <br />Construction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: <br />1) that it will employ, during and after its underground mining and/or <br />surface operations, procedures designed to minimize environmental <br />disturbance from such operation; 2) that it will provide for <br />reclamation of the Affected Lands appropriate to the subsequent <br />beneficial use of such lands; and 3) that, in the event of the failure <br />of its proposed reclamation plan, it will take whatever measures may <br />be necessary to assure the success of reclamation of the lands <br />affected by such operations in accordance with the Act. <br />F. A copy of the Permittee's application, as amended and <br />supplemented, has been approved by the Board and is, by this <br />reference, incorporated herein. <br />G. The issuance of this permit does not relieve you from having <br />to comply with all applicable Federal, State and County statutes, <br />including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the representations and promises made <br />in the permit application, as amended and supplemented, and the <br />performance warranty, hereby issues a life of the mine permit to the <br />Permittee, to engage in the operations described in the application on <br />certain lands lying in the County of Weld, State of Colorado. These <br />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 <br />agreements: <br />1) The Permittee will be bound by all applicable requirements <br />of the Act, and all applicable rules and regulations of the Board, as <br />amended from time to time, the terms of the permit application, the <br />terms of the performance warranty, and the terms of the financial <br />warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report <br />and fees on each anniversary date of this permit. <br />3) If analyses of the mining and reclamation operation and the <br />data collected through monitoring and experimentation by the Permittee <br />or monitoring by the Division indicate that the operation will not be <br />able to comply with the requirements of the Act and applicable rules <br />and regulations of the Board, the Permittee hereby agrees to exercise <br />its best efforts, after consulting with the Division, to modify the <br />plans to correct such deficiencies in the future. Such modifications <br />