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JAN-09-2009 06:11119 FROM-DIV RECLAMATION MIMING 6 SAFETY 3038329102 TWO P.006/00T F-633 <br />-2- <br />3. The proposed mining and reclamation operations can be carried out in cornformarm with the <br />requirements of the Ac% and the Consauction Material Rules and Regulations. <br />E. The Pamittee has made a showing satisf is tory to the Hoard: 1) that it will employ. during and afbw its <br />underground mining and/or surface operations, procedures designed to minintize environmental disturbance from such <br />operation; 2) that it will provide for mclarnatiom of the Affected Lands appropriate to the subsequent bene&W use of <br />such lands; and 3) that, in the event of the Rulm of its proposed reclamation plan, it will rake whatever measures may be <br />necessary to as$= the success of mclm m*m of the lairds affected by such operations in accordance with the Act. <br />F. A copy of the PetmidWs application, as amended acrd supplemented, has been approved by the Board <br />and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve the Perntittee from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br /> <br />The Board, in reliance upon the representations and promises made in the permit application, as ameluW and <br />supplemented, and the performance warranty, hereby issues a life of the mitre permit to the Per mittee, to engage in the <br />operations described in the application on csertaia lands lying in the County of Conejos, State of Colorado. These lands <br />are described is the permit application, as amended and supplemented, and are referred to herein as the -Affected. Lairds". <br />This permit is issued abject to the following conditions and agreements: <br />1) The Permitted will be bound by all applicable requirements of the Act, and an applicable rules and <br />regulations of the Board, as amended from time to time, the terms of the permit application, the torus of the petfmiance <br />warranty, and the terms of the financial warranty filed with the Division. <br />2) The Permitted will file with the Division its annual report and fees on each anniversary date of this <br />Pmt <br />3) if andyses of the mining and reclamation operation and the data collected through monitoring and <br />cxpcrirruntatiam by the Pe mittee or monitoring by the Division indicate that the operation will not be able to comply <br />with the reguiracndnts of the Act and applicable rules and regulations of the Hoard the Pemittee hereby agrees to <br />exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. <br />Such modifications may require technical revisions or amendments to the permit <br />4) The Hoard, or its authorized representative may enter upon the lands of the permitted operation at all <br />reasonable time for the purpose of inspection to determine wha&er the provisions of the Act, Rules and Regulations, and <br />permit have been complied with pursuant to C.R.S. 3432.5-121. <br />5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or <br />regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />6) a) putsmnt to 34-325-118(5) of the Act the Dowd has a right of entry to mclaim the lairds <br />affected by the operation, or to respond to an emergency as defined by C.R.S. 3432.5-121(2).