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<br /> <br />-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 />E. The Permittce has made a showing saYStactory to the Board: 1) that it m~~ll employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimize environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequcet beneficial use of sudm lands; and 3) that, m the event of the failure of its proposed reclamation plan, <br />it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by <br />such operations in accordance with the Act. <br />F. A copy of the Permittee's apphcatioq as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve you Gom having 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 representations and promises made in the permit application, as <br />amended and supplemental, and the performance warranty, hereby issues a life of the mine permit to the <br />Pertnittce, to engage in the operations described in the application on certain lands lying in the County of Adams, <br />State of Colorado. These lands are described in the permit 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 />1) The Pemmittee 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 permit application, the terms of the <br />performance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Pertnittce will file with the Divisiou its annual report and fees on each anniversary date of <br />this permit. <br />3) If analyses of the nmining and reclamation operation and the data collected through monitoring <br />and experimentation by the Permittce or monitoring by the Division indicate that the operation will not be able <br />to comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittce <br />hereby agrees to exercise its best eQ'orts, after consulting with the Divisioq to modify the plans to correct such <br />deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and permit have been comphed with pursuant to C.RS. 34-32.5-121. <br />5) This permit maybe revoked or suspended for non-compliance with the Act or apphcable rules <br />or regulations promulgated by the Board, the permit, 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 <br />lands affected by the operatioq or to respond to an emergency as defined by C.RS. 34-32.5-121(2) <br />