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2- <br />3. The proposed mining and reclamation operations can be carried out in conformance with the <br />requirements of the Act, and the Construction Material Rules and Regulafions. <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 minimize environmental disturbance from such <br />operation; 2) that it will provide for reclamafion of the Affected Lands appropriate to the subsequent beneficial use of <br />such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it will take whatever measures may be <br />necessary to assure the success of reclamation of the lands 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 <br />and is, by this reference, incorporated herein. <br />G. The issuance of this permit does not relieve the Permittee 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 representations and promises made in the permit application, as amended and <br />supplemented, and the performance warranty, hereby issues a life of the mine permit to the Permittee, to engage in the <br />operations described in the application on certain lands lying in the County of Logan, State of Colorado. These lands are <br />described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreements <br />1) The Permittee will be bound by all applicable requirements of the Act, and all applicable rules and <br />regulations of the Board, as amended from 6me to time, the terms of the permit application, the terms of the performance <br />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 this <br />permit <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring and <br />experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to comply <br />with the requirements of the Act and applicable rules and regulations of the Board, the Permittee hereby agrees to <br />exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. <br />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 permitted operation at all <br />reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and Regulations, and <br />permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This pemvt may be revoked or suspended for noncompliance with the Act or applicable rules or <br />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 lands <br />affected by the operation, or to respond to an emergency as defined by C.R.S. 34-32.5-121(2). <br />