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<br />-2- <br />3. The proposed mining and reclamation operations can be pored out m conformance <br />with the requirements ofthe Act, and the Construction Material Rules and Regulaticns. <br />E. The Pemmittee has made a showing satisfactory to the Board: 1) that rt will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimi~n envirmunertal <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, in the even of the failure of its proposed reclanmation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by suclm <br />operations in accordance with the Ad. <br />F. A copy of the PermiUSe's apphcation, 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 reheve you fivm having to comply with all apphpble <br />Federal State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in rehance upon the representations and promises made in the permit apphcation, as <br />amended and supplemented, and the perfommance warranty, hereby issues a life of the mine permit to the <br />Pernittee, to engage in the operations described in the apphcation on certain lands lying in the County of Rio <br />Blanco, State of Colorado. 'These lands are described in the permit apphcation, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />This permit in issued subject to the following conditions and agrcements: <br />1) The Pemmittce will be bound by all apphpble requirements of the Ad, and all applipble rules <br />and regulations of the Board, as amended from time to time, the temu of the permit apphcation, the temms of the <br />perfornance waranty, and the temrs of the financial warranty filed with the Division. <br />2) 'The Pemmittee will file with the Divisicn its annual report and fees on each anniversary date of <br />this pemmit. <br />3) h` analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemmittce or monitoring by the Division indicate that the operation will not be able to <br />corr~ly with the requirements of the Act and apphpble Hiles and regulations of the Board, the Pemmittee hereby <br />agrees to exercise rts best efforts, after consulting with the Division, to modify the plans to cared such <br />deficiencies in the fixture. Such modifications may require teclmnical revisions or amendments to the permit. <br />4) 'The Board, or its authorized relmreserfative may etrter upon the lands of the pernitted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and perm[ have been complied with pursuarrt to C.R.S. 34-32.5-121. <br />5) This pernrit may be revoked or suspended for noncompliance with the Ad or apphpble rules <br />or regulations promulgated by the Board, the pemmit, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-I 18(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.R.S. 34-32.5-121(2) <br />