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-z- <br />3. The proposed muting and reclamation operations can be carried out in wttformartce <br />with the requirements of the Act, and the Conswction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) [hat it will employ, during and <br />afer its undereround mining and/or surface operations, prtxedures designed to minimize environmenutl <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate [o the <br />subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed ralamation plan, it <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 [he Act. <br />F. A copy of the Perttuttees application, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pernti[ does no[ relieve you from having [o comply with all applicable <br />Federal, State and County statutes, including Stale water law. <br />GRANTS, CONDITfONS AND AGREEMENTS <br />The Board, in reliance upon the represen[a[ioru and promises made in the perms[ application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of Ute none perntit to the <br />Permittee, to engage in the operations described in the application on certain lands lying in the County of <br />Montrose, State of Colorado. These lands are described in the permit application, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />This pernti[ is issued subject to the following conditions and agreements: <br />1) The Pen»ittee will be bound by all applicable requiremets of the Act, and all applicable rules <br />and regulations of the Board, as amended from Ume to Ume, the [ernts of the permit application, and the terms of <br />the performance warranty tiled with the Division. <br />2) The Pernuttee will file with the Division its annual report and fees on each anniversary date of <br />Otis pernti[. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pernuttce 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 Penttittee hereby <br />as~rees to exercise its best eftbrts, after consulting with the Division, tct modify Ute plans to corree;t such <br />deficiencies in the furore. Such moditicauons may require technical revisions or amendments to the permit. <br />4) The Board ctt its authorized representative may enter upon the lands of the permitted operation <br />a[ all reasonable times for the purpose of inspection to determine whether [he provisions of the Ac-[, Rules and <br />Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This perntit ntay be revoked or suspended for non-compliance with the Ac[ or applicable rules <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 Ac[, the Board has a right of envy 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 />