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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requiremerrts ofthe Act, and the ConsWctiar Material Rules and Regulations. <br />E. The Pemrittce has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after iLs undergrormd mining and/or surface operations, prooedu2s designed to minimi~P environmemtal <br />disturbance fiorrr such operation; 2) that rt will provide for reclamation of the Affected lamas appropriate to the <br />subsequent beneficial use of such lands; and 3) that, m the everrt ofthe failure of its proposed reclaniation plan, it <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations m accordance with the Act. <br />F. A copy ofthe Pem»ttse's application, as amended and supplemented, has bear approved by the <br />Board and in, 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, arcluding State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, m reliance upon the represartations and promises made m the permit application, as <br />amended and supplemented, and the perfornance waranty, hereby issues a life of the mine pemrit to the <br />Pemrittee, to engage in the operations described in the appbcation on certain lands lying in the County of Otero, <br />State of Colorado. These lands are described in the permit application, as amended and supplemented, and are <br />reterred to herein as the "Affected Lands". <br />This pemrit is issued subject to the following cardrtions and agreements: <br />1) The Pemvttee will be bound by all applicable requirememu of the Act, and all applicable Hiles <br />and regulations ofthe Board, as amended from time to time, the feints ofthe permit application, the feints ofthe <br />perfornance warranty, and the temu ofthe financial waranty filed with the Division. <br />2) The Perrtiftee will file wtlh the Division its annual report and fees on each anniversary date of <br />this permit. <br />3) if analyses of the mining and reclamatien operation and the data collected through monitoring <br />and experimentation by the Pemrittee or monitoring by ilre Divisien indicate that the operation will not be able to <br />comply with the requirements of the Ad and applicable Hiles and regulations ofthe Board, the Pemrittee hereby <br />agrees to exercise its best efforts, after consultarg with the Division, to modify the plans to cornxx such <br />deficiencies ur the future. Sudr modifications may inquire tedurical n;visions or amendments to the pemrit. <br />4) The Board, or its authorved representative may enter upon the lands ofthe pernitted operation <br />at all reasonable times for the purpose of inspection to detemrine whether the provisions of the Act, Rules and <br />Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) 'This permit may be revoked or suspended for noncompliance with the Ad or applicable Hiles <br />or regulations promulgated by the Board, the pernit, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-118(5) ofthe Ad, the Board has a right of entry to reclaim the <br />lands affected by the operation, or to respond to an emergency as defined by C.RS. 34-32.5-121(2) <br />