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<br />2- <br />3. The proposed mining and reclamative operations can be carried out in conformance <br />with the requirernarts of the Act, and the Constructive Material Rules and Regulations. <br />E. The Pemrittee has made a showing satisfactory to the Board: 1) that it will errq~loy, during and <br />a$er its underground mining and/or surface operatives, procedures designed to minimi~w envirverrtertal <br />disturbance from such operative; 2) that it will provide for reclamative of the Affected Lands appropriate to the <br />subsequent benel3cial use of sudr lands; and 3) that, m the event of the failure of us proposed recLunative plan, rt <br />will take whatever measures may be necessary to assure the success of reclamative of the lands affected by suds <br />operations ur accordance witlr the Ad. <br />F. A copy ofthe Permittee's appGrative, as amended and supplemented, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. the issuance of this permit does not reheve you from havimg to wnrply with all applicable <br />Federal, State and County statutes, includ'mg State water law. <br />GRANTS. CONDITIONS AND AGREEMENT'S <br />The Board, in reliance upve the representations and promises made in the pemtit apphcative, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permil to the <br />Permittce, to engage m the operatives described in the appGptive ve certain lands lying in the Camty of Boulder, <br />State of Colorado. These lands are described in the permt application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following carditians and agreements: <br />1) The Pemrittce will be bormd by all apphcable requirem®ts of the Ad, and all applicable Hiles <br />and regulafives of the Board, as amended from time to time, the terms of the pemtit apphcative, the temrs of the <br />performance warranty, and the temrs of the financial warranty filed with the Divisive. <br />2) The Pemuttee will file with the Divisive its annual report and fees ve each armiversary date of <br />this pemrrt. <br />3) ff analyses of the enuring and reclamative operative and the data collected through monitoring <br />and experimentative by the Pemuttee or monitoring by the Divisive indicate that the operative will not be able to <br />comply wdh the requirements of the Act and applicable roles and regulatives of the Board, the Permittee hereby <br />agrees to exercise its best efforts, after cwsulting with the Divisive, to modify the plans to correct sudr <br />deSciencies in the future. Such modiScatives may require tedmical revisicros or amendments to the pernit. <br />4) The Boani, or its authorized representative may enter upw the lands of the pemrittsd operative <br />at all reasonable times for the purpose of inspedive to determine whether the provisions of the Act, Rules and <br />Regulations, and pernit have been complied with pursuant to C.RS. 34-32.5-121. <br />5) This pewit may be revoked or suspended for nw-corr~liance with the Ad or applicable ndes <br />or regulations promulgated by the Board, the permit, or by violative of a Board Order. <br />6) a) Pursuam to 34-32.5-118(5) of the Ad, the Board has a right of entry to reclaim the <br />lands affected by the operative, or to respved to an emergency as deSned by C.RS. 34-32.5-121(2) <br />