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-2- <br />3. The proposed mining and reclamation operations can be carried out m canforrnarrce <br />with the requirements of the Ad, and the Corrstrudien Material Rules and Regulations. <br />E. The Permiltee has made a shawurg satisfactory to the Board: 1) that it will employ, during and <br />after its undergound mmurg and/or surface operations, procedures designed to minim~~a environmental <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent beneficial use of such lands; and 3) that, um the event of the failure of its proposed reclamation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by sudr <br />operations ur accordance with the Ad. <br />F. A copy ofthe Perniltee's application, as amended and supplemerr[ed, has been 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, m reliance open the representations and promises made m the Permit appGption, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pernrttee, to engage m the operations described in the application on certaur lands lying ur the Cormty of Rio <br />Grande, State of Colorado. These lands are described m the permit apphration, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />This pemrrt is issued subject to the followurg conditions and agreanents: <br />1) The Pemritice will be bound by atl applicable requiremenrts of the Ad, and all applicable Hiles <br />and regulrtons of the Board, as amended from time to time, the terms of the pernit application, the terns of the <br />performance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Pemuftee will file wdh the Division its annual report and fees on each anniversary date of <br />this pemrit. <br />3) if analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimetation by the Permittse or monitoring by the Division indicate that the operation will nd be able to <br />comply with the requirements of the Ad and applicable Hiles and regulations of the Board, the Pemrittee hereby <br />agrees to exercise its best efforts, after censuhiog with the Division, to modify the plans to correct sudr <br />deficiencies in the futon:. Such modifications may require tedurical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upwr the lands of the pemrAted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Ad, Rules and <br />Regulations, and pemut have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be rewked or suspended for noncompliance with the Ad or apphpble Hiles <br />or regulations promulgated by the Board, the permit, or by violation of a Boar Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Ad, the Board has a right of entry to reclaim the <br />lands afftxted by the operation, or to respond to an emergency as defined by C.RS. 34-32.5-121(2) <br />