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<br />-z- <br />3. The proposed mining and reclamation operations can be carried out m conformance <br />with the requirements of the Act, and the Construction Material Rules and Regulations. <br />E. The Perrrittee 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 minirnize environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affecxed lands appropriate to the <br />subsequern beneficial use of such lands; and 3) that, in the evern of the failure of ifs proposed reclamation plan, it <br />will take whatever measures may be necessary to assure die success of reclamation of the lands affected by such <br />operations m accordance with the Ad. <br />F. A Dopy of the Perrn;ttee's application, as amended and supplemented, has be® approved by the <br />Board and is, by this reference, incorporated hereby. <br />G. The issuance of this permit does not rebeve you from having to comply wrth all apphcable <br />Federal, State and Coumy statutes, inclmrdmg State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the represerrtations and promises made m the permit apphcation, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine pemrit to the <br />Permittee, to engage in the operations described in the application on certain lands lying m the Counry of Lorimer, <br />State of Colorado. 'These lands are described m the pemmit apphcation, as amended and supplemented, and are <br />referred to herein as the "Afferxed Lands". <br />This permit is issued subject to the following conditions and agreernerrts: <br />1) The Permnittee will be bound by all apphcable requiremarts of the Act, and all apphcable roles <br />and regulations of the Board, as amended from time to time, the temms of the pemmit apphcation, the terms of the <br />performance warranty, and the temps of the financial warranty filed wR}r the Division. <br />2) The Pemuttee will file with the Division its annual report and foes on each anniversary date of <br />this pertni[. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemtittce 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 Board, the Pennittee hereby <br />agrees to exercise its best efforts, after consuking with the Division, to modify the plans to correct such <br />defici®cies 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 pemmitted operation <br />at all reasonable times for the purpose of urspecbar to detemrume whether the provisions of the Ad, Rules and <br />Regulations, and pernit have been canmpGed with pursuam to C.R.S. 3432.5-121. <br />5) This permit may be revoked or suspended for non-conmplimrce with the Ad or apphcable roles <br />or regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Act, 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 />