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-2- <br />3. The proposed mining and reclamation operations can be cazried out in conformance <br />with the requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface opematior>s, prmx~dures designed to minimize envirorunental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it <br />will take whatever measures may be rmecessary 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 Pemmittee's application, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not reheve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />The Board, in reliance upon the representations and promises made in the permit application, as <br />amended and supplernerrted, and the performance warranty, hereby issues a life of the mine pemmit to the <br />Pemxrrittee, to engage in the operations described in the application on certain lands lyirmg in the County of Weld, <br />State of Colorado. These lands are described in the permit application, as amended and supplemerned, and aze <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditiorrs and agreements <br />1) The Permittee will be bound by all applicable requiremermts of the Act, and all applicable roles <br />and regulations of the Board, as amended from time to time, the terms of the permit apphcation, the terms of the <br />perfommance warrarrty, and the terms of the financial warranty filed with the Division. <br />2) The Pemmittee will file with the Division its annual report and fees on each anniversary date of <br />this pemmit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemmittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Act and applicable rules and regulations of the Boazd, the Pemmittee 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 modifications may require technical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permmmitted operation <br />at all reasonable times forthe purpose of inspection to detemmine whether the provisions of the Act, Rules and <br />Regulations, and permit have been wmphed with pursuant to C.R.S. 34-32.5-121. <br />5) This pemrit may be revoked or suspended for non~conmpliance with the Act or applicable rules <br />or r'egrlatiorrs promulgated by the Board, the permit, or by violation of a Boazd Order. <br />