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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requ'vemems ofthe Ad, and the Consuudian Material Rules and Regulations. <br />E. the Pertnittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimize envirosmartal <br />disturbance from such operation; 2) that it will provide for elclamatim of the Atfiected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, m the event of the failure of its proposed reclamaticn plan, it <br />will take whatever measures may be necessary to assure the success of reclamation ofthe lands affected by sudr <br />operations in accordance with the Ad. <br />F. A cagy ofthe Pesnrttce's application, as amended and supplemented, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemut does not relieve you frorrr having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, m reliance open the representations and promises made m the permit application, as <br />amended and supplemented, and the perfomrance warranty, hereby issues a life of the mine permit to the <br />Pemrittee, to engage in the operations described in the applicatim on certain lands lying in the County of Chaffee, <br />State of Colorado. These lands are described in the pemrit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This pemrrt is issued subject to the following conditions and agreertrarts <br />1) The Pem»ttee will be bound by all applicable requiremarts of the Act, and all applicable rules <br />and regulations ofthe Board, as amended from time to time, the terms ofthe permit application, the temrs ofthe <br />performance warranty, and the temrs of the financial warranty filed with the Division. <br />2) The Pernittee will file with the Division its annual report and foes en each amdversary date of <br />this pemtit. <br />3) If analyses ofthe minurg and reclamation operation and the data collected through monitoring <br />and experimentation by the Pernittce or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements ofthe Ad and appbcable Hiles and regulations ofthe Board, the Permittce hereby <br />agrees to exercise its best efforts, after cassulturg with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require technical revisions or amendments to the pernrt. <br />4) The Board, or its authorized representative may erter upon the lands ofthe pemriUed operatics <br />at all reasonable times for the purpose of inspection to determine whether the provisions ofthe Ad, Rules and <br />Regulations, and pemtit have been oompfied with pursuant to C.R.S. 3432.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Ad or applicable Hiles <br />or regulatirns promulgated by the Board, the permit, or by viohrtion of a Board Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of ®try 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 />