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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out m canfiormance <br />with the requirements ofthe Ad, and the Construction Material Rules and Regulations. <br />E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its underground minurg and/or surface operations, procedures designed to min;mi~r envirainrartal <br />disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the <br />subsequent bareficial use of such lands; and 3) that, in the event of the failure of its proposed reclanratiorr plan, it <br />will take whatever measures may be necessary to assure the success of reclamation ofthe lands affected by such <br />operations in accordance with the Ad. <br />F. A copy ofthe Pemuttee's application, as amended and supplemerrted, has been approved by the <br />Board and is, by this reference, incorporated herein. <br />G. The issuance of this pemtit does nd relieve you from havurg to con~ly with all applicable <br />Federal, State and County statutes, urcludmg State water law. <br />GRANTS. CONDITIONS AND AGREEI~NTS <br />The Board, m reliance upon the representations and promises made ur the permit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemrittce, to engage m the operations described in the application on certaur lands lyurg m the County of Las <br />Animas, State of Colorado. These lands are described ur the permit application, as amended and supplemented, <br />and are referred to herein as the "Affected Lands". <br />This pemrd is issued subject to the following curditious and agreem®ts: <br />1) The Pertnittee will be bound by all applicable requiremerts ofthe Ad, and all applicable Hiles <br />and regulations ofthe Board, as amarded from time to time, the terms ofthe pemrit application, the lama ofthe <br />perfomrance warranty, and the terms of the financial warranty filed with the Division. <br />2) The Pemu[tee will file with the Divisiar its annual report and foes ar each anniversary date of <br />this pemrit. <br />3) ff analyses of the mmurg and reclamatim operation and the data collected through maritorvrg <br />and experimentation by the Permittee or monitoring by the Divisim indicate that the operation will nd be able to <br />comply with the requirenrerts ofthe Ad and applicable rules and regulations ofthe Board, the Permittee hereby <br />agrees to exercise its best efforts, after corrsulturg with the Division, to modify the plans to corned such <br />deficiencies m the fiture. Such modifications may require tedurical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands ofthe permitted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Ad, Rules and <br />Regulations, and pemrit have be® cornpGad with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for non-compliance with the Ad or apphpble Hiles <br />or regulations promulgated by the Board, the permit, or by violation of a Board Order. <br />~ a) Pursuant to 34-32.5-118(5) of the 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.R.S. 34-32.5-121(2) <br />