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-2- <br />3. The proposed mining and reclamation operations can be carried out in confommance with the <br />requirements of the Act, and the Constmction Material Rules and Regulations. <br />E. The Permittce has made a showing satisfactory to the Board: 1) that it will employ, during and after its <br />undergound mining and/or surface operations, procedures designed to minimize envirormmental disturbance from such <br />operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such <br />lands; and 3) that, in the event 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 Pemmittce's application, as amended and supplemented, has been approved by the Board and is, <br />by this reference, incorporated herein. <br />G. The issuance of this pem»t does not relieve the Pemmittce from. having to comply with all applicable Federal, <br />State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises rnadE: in the pemmit application, as amended and <br />supplemented, and the performance warranty, hereby issues a life of the mine permit to the Pennittee, to engage in the <br />operations described in the apphcation on certain lands lying in the County of Mesa, 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 Pemmittee will be bound by all applicable requirements of the Act, and all apphcable rules and regulations <br />of the Board, as amended from time to time, the terms of the permit apphcation, the terms of the performance warranty, and the <br />terms ofthe financial warranty filed with the Division. <br />2) The Pemmittce will file with the Division its annual report and fres on each anniversary date of this permit. <br />3) If analyses of the mining and rcelamation operation and the data collected through monitoring and <br />experimentation by the Pemmittee or monitoring by the Division indicate that th<; operation will not be able to comply with the <br />requirements of the Act and applicable roles and regulations of the Board, the Pemmittce hereby agrees to exercise its best <br />efforts, after wnsuhing with the Division, to modify the plans to correct such deficiencies in the fixture. Such modifications <br />may require technical revisions or amendments to the pemmit. <br />4) The Board, or its authorized representative may errter upon the lands of the permitted operation at all <br />reasonable times for the purpose of inspection to detemiime whether the provisions of the Act, Rules and Regulations, and <br />pemmit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Act or applicable riles or regulations <br />promulgated by the Boazd, the permit, or by violation of a Board Order. <br />6) a) Pursuart to 34-32.5-118(5) of the Act, the Board has .a right of entry to reclaim the lands affected by <br />the operation, or to respond to an emergency as defined by C.RS. 34-32.5-121(2). <br />