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-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requirem~rts of the Act, and the Construction Material Rules and Regulations. <br />E. The Pennittce has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground mating and/or surface operations, procedures designed to minimize enviromnental <br />disturbance from such operation; 2) that it will provide for reclanration of the Affected Lands appropriate to the <br />subsequert beneficial use of such lands; and 3) that, in the event ofthe failure of its proposed reclamation plan, rt <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Permittee's application, as amended and supplemented, has bean approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve you from having to comply with all applicable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, in reliance upon the represerrtaticrrs and promises made in the permit application, as <br />arnended and supplemented, and the perfomrarrce wararrty, hereby issues a life of the mare permit to the <br />Permittee, to engage in the operations described in the apphcation on certain lands lying in the County of Adams, <br />State of Colorado. These ]ands are described in the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This pemrit is issued subject to the following conditions and agrcerrrerrts: <br />1) The Pemuttee will be bound by all apphcable re9uiremarts of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the permit. application, the terms of the <br />perfornartce warranty, and the terms of the financial warranty Sled with the Division. <br />2) The Pemrittee will file with the Divisiar its annual report and fees on each anniversary date of <br />this pemtit. <br />3) If analyses of the minarg and reclamation operation and the data collected through monitoring <br />and experirrrentation by the Pemuttee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirem~rts of the Act and applicable rules and regulations of the Board, the Pemiittee hereby <br />agrees to exercise its best efforts, after consuhing with the Division, to modify the plans to correct such <br />deSciencies in the firture. Such modiScations may require tec]mical revisions or anrendmerRS to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the permitted operation <br />at all reasonable times for the purpose of inspection to dRemtine whether the provisions of the Act, Rules and <br />Regulations, and permit have beery comphed with pursuant to C.R.S. 34-32.5-121. <br />5) This pemu[ 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) Pursuarrt to 34-32.5-118(5) of the Act, the Board has a right of artry to reclaim the <br />lands affected by the operation, or to respond to an emergency as defined by C.R.S. 34-32.5-121(2) <br />