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<br />-2- <br />3. The proposed mm¢ng and rechunation operations can be carried out in conformance <br />with the requirements ofthe Act, and the Construction Material Rules and Regulations. <br />E. The Penniuee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mining and/or surface operations, procedures designed to minimize envirmnmertal <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of sudm lands; and 3) that, in the event of the failure of its proposed reclamation plan, rt <br />will take whatever measures may be necessary to assure the success of reclamatiw of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Pennrttee's applicator, as amended and supplemented, has been approved by the <br />Board and is, by this refi;rence, incorporated herein. <br />G. The issuance of this permit does nct relieve you from having to t~rrgmly wrth all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS- CONDITIONS AND AGREEMENTS <br />The Board, un reliance open the represettations and promises made m the permit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Permittee, to engage m the operations described m the application on certain lands lying in the Courrty of Custer, <br />State of Colorado. These lands ace described m the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the follow¢rg conditions and ageem®ts: <br />I) The Permittee will be bound by all applicable requirements of the Ad, and all applicable rules <br />and regulations of the Board, as arrmended fiom time to time, the terms of the perrnd application, the teens of the <br />perfomnance warranty, and the 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 <br />this permit. <br />3) Tf analyses of the mining and reclanmation operation and the data collected through monitoring <br />and em~erimenation by the Pemmittee or monitoring by the Division urdicate that the operatim will nd be able to <br />comply with the requirenerts of the Ad and applicable riles and regulations of the Board, the Peanrttee hereby <br />agrces to exercise rts best efforts, offer consuairng with the Division, to modify the plans to wrrect such <br />deficierncies m the firture. Sudr modifications may require tedurical n;visions or amecdments to the pemrrt. <br />4) The Board, or its authorized nepresertative may erter upon the lands of the pernmitted operation <br />at all reasmnable times for the purpose of unspedion to detemnune whether the provisions of the Act, Rules and <br />Regulations, and permit have been cmrrptied with pursuam to C.R S. 34-32.5-121. <br />5) This pemnit may be revoked or suspended for noncompliance 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) Pursuarn to 34-32.5-I 18(5) of the Ad, 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 /> <br />