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-~- <br />3. The proposed mining and reclaznation operations can be carried out in conformance with the <br />requirements of the Act, and the Constnmetion Material Rules and Regulations. <br />E. The Pemmittee has made a showing satisfactory to the Board: 1) that it sill 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 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 lauds affected by such operations in accordance with the Act. <br />F. A copy of the Pemmittee's application, as amended and supplemented, has been approved by the Board and is, <br />by this reference, inwrporated herein. <br />G. The issuance of this permit does not relieve the Pemmittee from having to comply with all apphcable Federal, <br />State and Coumy 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 pemmit to the Pemmittee, to engage in dme <br />operations described in the application on certain lands lying in the Coumrty of Rio Blanco, 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 pemmit is issued subject to the following conditions and agreements: <br />1) The Pemmittee wil! be bound by all applicable requirerneiVS of the Act, and all applicable rules and regulations <br />of the Board, as amended from time to time, the teens of the pemmit application, and the terms of the performance warranty <br />filed wAh the Division. <br />2) The Permnittce will file with the Division its annual report and foes on each anniversary date of this pemmit. <br />3) L` analyses of the mining and reclamation operation and the data collected through monitoring and <br />experimemmtation by the Pennittee or monitoring by the Division indicate that the operation will not be able to comply with the <br />requirements of the Act and applicable rules and regulations of the Board, the Permittce hereby agrees to exercise its best <br />efforts, after consnhing with the Division, to modify the plans to con~ect such deficiencies in the future. Such modifications <br />may require technical revisions or amendments to the permmit. <br />4) The Boazd, 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 oomp6ed with pursuant to C.R.S. 34-32.5-121. <br />5) This pemmit may be revoked or suspended for noncompliance with the Act or apphcable roles or regulations <br />promulgated by the Board, the permit, or by violation of a Board Order. <br />