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<br />2- <br />3. 'Ibe Proposed mmmg and reclamation operations can be carried out in confomarrce <br />with the requirements ofthe Act, and the Construction Material Rules and Regulations. <br />E. The Pemtittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its rmdergrormd mining and/or surface operations, procedures designed to minimvP environmartal <br />disturbance from such operatiar; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, m the event of the failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Act. <br />F. A copy of the Pemuttce's application, as amended and supplemausd, has beat approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemnit does no[ relieve you from having to corr~ly with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance up® the represartaticos and promises made in the pemut application, as <br />amended and supplanarted, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemnittce, to engage m the operations described in the application on certain lands lying in the County of Moffat, <br />State of Colorado. These lands are described in the permit application, as amrended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />'Ibis permit is issued subject to the following conditions and agreememts: <br />1) The Permittee will be bound by all applicable requiremarts of the Act, and all applipble rules <br />and regulations of the Board, as amended from time to time, the teens of the pemtit application, the terms of the <br />perfomrance warranty, and the terms of the financial wamamy Sled with the Division. <br />2) The Pemtittee will Ste with the Division its annual report and foes on each anniversary date of <br />this perry[. <br />3) h` analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimertVation by the Petmittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable Hiles and regulations of the Board, the Pemuttee hereby <br />agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modiScations may require technical revisioms or amendments to the pemrit. <br />4) The Board, or its authorized represeNative may enter upon the lands of the pemtrtted operation <br />at all reasonable times for the purpose of inspection to detemnine whether the provisions of the Act, Rules and <br />Regulations, and pemtit have bear complied with pursuant to C.RS. 34-32.5-121. <br />5) This pemnit may fie revoked or suspended for non-compliance with the Ad or applicable 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 operation, or to respond to an emetgercy as defined by C. RS. 34-32.5-121(2) <br />