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-~- <br />3. The proposed mining and reclamation operations can be carried out in conformance with the <br />requirements of the Act, and the Constnrction Material Rules and Regulations. <br />E. The Pemmittce has made a showing satisfactory to the Board: 1) that it will employ, during and after its <br />underground mining andlor surface operations, procedures designed to mininmize environmemal disturbance from such <br />operation; 2) that it will provide for rcelamation of the Affecxed Lands appropriate to the subsequent beneficial use of such <br />lands; and 3) that, in the evern of the failure of its proposed reclamation plan, it will take whatever measures may be necessary <br />to assure the success of reclamation of the lands affected by such operations in accordance with the Act. <br />F. A copy of the Pernittee's application, as amended and supplemented, has been apgroved by the Board and is, <br />by this reference, incorporated herein. <br />G. The issuance of this permit does not rebeve the Pemmittee from havirmg to comply with all apphcable Federal, <br />State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the permit application, as amended and <br />supplemented, and the performance warranty, hereby issues a life of the mine permit to the Pemmittee, to engage in the <br />operations described in the application on certain lands lying in the County of Weld, State of Colorado. These lands are <br />described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Permittce will be bound by all applicable requirements of the Act, and all applicable rules and regulations <br />of the Board, as amended from time to time, the terms of the pemmit applcation, the terms of the performance warranty, and the <br />terms of the financial warranty filed with the Division. <br />2) The Permittee will file with the Division its annual report and fees on each anniversary date of this pemmit. <br />3) h` analyses of the mining and reclamation operation and the data collected through monitoring and <br />experimentation by the Pemmittce or monitoring by the Division indicate that the operation will not be able to comply with the <br />requirements of the Act and applicable riles and regulations of the Board, the Pennittee hereby agrees to exercise its best <br />efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modiScations <br />may require technical revisions or amendments to the pemmit. <br />4) The Board, or its authorized representative may enter upon the lands of the pemmitted operation at all <br />reasonable times for the purpose of inspection to detemtine whether the provisions of the Act, Rules and Regulations, and <br />pemmit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This pemmit may be revoked or suspended for noncompliance with the Act or applicable Hiles or regulations <br />promulgated by the Board, the permit, or by violation of a Boazd Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of ernry to reclaim the lands affected by <br />the operation, or YA respond to an emergency as defined by C.R.S. 34-32.5-121(2) <br />b) The Board will enter the lands to perform reclamation only if the Board has determined: <br />