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-z- <br />3. The proposed murrtrg and reclamation operations can be carried out in carformance <br />with the requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Pemuttce 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~a environmental <br />disturbance from such operation; 2) that it will provide for reclamation ofthe Affected Lands appropriate to the <br />subsequart beneficial use of such lands; and 3) that, in the evem of the failure of its proposed reclamation plan, it <br />will take whatever measures maybe necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Pennittee's application, as amarded and supplemented, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemrit does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, includurg 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 />amarded and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemrittce, to engage in the operations described in the application on certain lands lying in the County of <br />Huerfano, State of Colorado. These lands are described in the permit application, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements <br />1) The Pemiittee will be bound by all apphcable requirements of the Act, and all applicable roles <br />and regulations of the Board, as amarded from time to time, the terms of the pernrit apphcation, and the terms of <br />the performance warranty Sled with the Division. <br />2) The Pemuttce will file with the Division its annual report and Sys on each anniversary date of <br />this pemrit. <br />3) Lf analyses of the mnrurg and reclamation operation and the data collecxed through monitoring <br />and experimentation by the Pemrittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Ad and apphcable rules and regulations of the Board, the Pemrittee hereby <br />agrees to exercise its best efforts, after consuhing with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require technical revisions or amardmarts to the pemvt. <br />4) The Board, or its authorized representative may eater upon the lands of the pemutted operation <br />at all reasonable times for the purpose of inspection to detemrine whether the provisions of the Act, Rules and <br />Regulations, and pemvt have bear complied with pursuant to C.R.S. 34-32.5-121. <br />5) This pemrit may be revoked or suspaided for non-compliance with the Ad or applicable nrles <br />or regrlations 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 operation, or to respond to an emergency as defined by C.RS. 34-32.5-121(2). <br />