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-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirements of the Act, and the Construction Material Rules and Regulations. <br />$. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground ntinigg and/or surface operations, procedures designed to minimize envirorunental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, m the evem 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 />operations in accordance with the Act. <br />F. A copy of the Permittee's application, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemut does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />The Boazd, in reliance upon the representations and promises made in the pemtit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine perntit to the <br />Pemiittce, to engage m the operations described in the application on certain lands lying in the County of Jackson, <br />State of Colorado. These (ands are described in the pemrit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements <br />I) The Permittee will be bound by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the temts of the permit application, the terms of the <br />performance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report and fees on each anniversary date of <br />this perntit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pennittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable rules and regulations of the Board, the Pernuttce hereby <br />agrees to exercise its best efforts, after consWting with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require technical revisions or amendments to the pemut. <br />4) The Board, or its authorized representative may Barter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to de[emtine whether the provisions of the Act, Rules and <br />Regulations, and pemrit 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 rules <br />or regulations promulgated by the Board, the pemtiT, or by violation of a $oard Order. <br />