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-z- <br />3. The proposed mirming and reclanultion operations can be carried out in conformance with the <br />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 after its <br />underground mining and/or surface operations, procedures designed to minimise environmemal 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 ]ands affected by such operations in accordance with the Act. <br />F. A copy of the Permittee'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 permit does not relieve the Pemiittee from having to eompiy with all applicable 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 pemut to the Pemtittce, to engage m the <br />operations described in the application on certain lands tying in the County of Montrose, State of Colorado. These lands are <br />described th the pemut application, as amended and supplemented, and aze referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements: <br />1) The Pemtittee 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 of the financial warrumty filed with the Division. <br />2) The Pernrittee will file with the Division its annual report and fees on each anniversary date of this pemti[. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring and <br />experimentation by the Pemuttee or monitoring by the Division indicate that the operation wilt no[ be able to comply with the <br />requiremerns of the Ad and applicable rules and regulations of the Boazd, the Pernrittce hereby agrces to exercise its best <br />efforts, after consuhirmg with the Division, to modify the plans to correct such deficiencies in the future. Such modifications <br />may require technical revisions or amendments to the pemmit. <br />4) The Board, or its authorized representative may eater upon the lands of the permitted operation at all <br />reasonable times for the purpose of inspection to determirme whether the provisions of the Act, Rules and Regulations, and <br />pemvt have been comphed with pursuarn to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for noncompliance with the Act or applicable Hiles or regulations <br />promulgated by the Boazd, the pemtit, or by violation of a Boazd Order. <br />6) a) Pursuam to 34-32.5-I 18(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 />