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..• <br />-2- <br />3. The proposed mirring and reclanration operations can be carried out in corrforrmance <br />with the requiremerrts of the Ad, and the Construction Material Rules and Regulations. <br />E. The Pemvttee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after iGS underground minirrg and/or surface operations, procedures designed to minimize errvitonararta! <br />disturbance fiorrr such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequart beneficial use of suds lands; and 3) that, in the evert oftha failure of rts proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamatior of the lands affected by such <br />operations ur accordance with the Ad. <br />F. A copy of the Pemuttee's apphcation, as arnended and supplemaned, has beau approved by the <br />Board and is, by this referarce, incorporated herein. <br />G. The issuance of this permit does nd rebeve you fiurrr havurg 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 represautations and promises made in the permit application, as <br />atnended and supplemusrted, and the perfomrance warranty, hereby issues a lifie of the mine pemtit to the <br />Pemrittee, to engage in the operations described in the application on certain lands lying in the County of Elbert, <br />State of Colorado. These lands are described in the pernit applicatian, as amarded and srrpplemerrted, and are <br />referred to hereur as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreemarts <br />1) The Penniuee 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 terms of the pemuY application, and the terms of <br />the performance waruanty filed with the Divisian. <br />2) The Pemitlice will file with the Division its annual report and fees on each anniversary date of <br />this pemut. <br />3) If analyses of the mining and reclanation operation and the data collected through manitoring <br />and experimartation by the Pernittee or monitorarg by the Division indicate that the operation will nd be able to <br />comply with the requirements of the Ad and applicable rules and regulations of the Board, the Permittee hereby <br />agrees to exeroise its best efforts, a8er consuhing with the Division, to modify the plans to correct such <br />deficiencies m the firture. Sudr modifications may require tadnical revisions or amardmarts to the permit. <br />4) The Board, or its authorized representative may eater upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspuxtion to determine whether the provisions of the Act, Rules and <br />Regulations, and permit have bear complied with pursuant to C.RS. 34-32.5-121. <br />5) This pemrit may be revoked or susparded for noncompliance with the Ad or applicable rules <br />or regulations promulgated by the Board, the pemrit, or by violatian 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. 34-32.5-121(2). <br />