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-2- <br />3. The proposed mining and reclamation operations can be carried out in confom~ance with the <br />requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Pennittce has made a showing satisfactory to the Board: 1) that it will employ, during and after its <br />underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such <br />operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such <br />lands; and 3) that, in the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary <br />to assure the success of rcelarnation of the lands affected by such operations in accordance with the Act. <br />A copy of the Pemtittce's application, as amended and supplemented, has been approved by the Board and is, <br />by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve the Pemrittce from having to comply with all applicable Federal, <br />State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the pemrit application, as amended and <br />supplemented, and the performance warranty, hereby issues a life of the mine pemrit to the Permittee, to engage in the <br />operations described in the application on certain lands lying in the County of Moffat, State of Colorado. These lands are <br />described in the pernrit application, as amended and supplemented, and are referred to herein as the "Affceted Lands". <br />This pemut is issued subject to the following conditions and agreements: <br />1) The Permittee will be bound by all applicable requirements ofthe Act, and all applicable Hiles and regulations <br />of the Board, as amended from time to time, the terms of the pemrit application, the temtis of the performance warrazriy, and the <br />terms of the financial waranty filed with the Division. <br />2) The Permit[ee will file with the Division its annual report and fees on each anniversary date of this pemvt. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring and <br />experirnemation by the Pernittee or monitoring by the Division indicate that the operation will not be able to comply with the <br />requirements of the Act and applicable riles and regulations of the Board, the Pemut[ce hereby agrees to exercise its best <br />efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modifications <br />may require technical revisions or amendments to the pemut. <br />4) The Board, or its authorized representative may eater upon the lands of the pemrit[ed operation at all <br />reasonable tunes fur the pugwse of inspection to detemtine whether the provisions of the Act, Rules and Regulations, and <br />pemrit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) Tlvs permit may be revoked or suspended for noncompliance with the Act or applicable rules or regulations <br />promulgated by the Board, the pemut, or by violation 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 lands affected by <br />the operation, or to respond to an emergency as defined by C.RS. 34-32.5-121(2). <br />