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<br />-2- <br />3. The proposed minirg and reclamation operations can be carried out in conformance <br />with the requirements ofthe Act, and the Construction Material Rules and Regulations. <br />E. The Pemmittee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after is underground miring and/or surface operations, procedures designed to minimi~a cevir~a~] <br />disturbance from such operation; 2) that i will provide for reclamation of the Affected Lands appropriate to the <br />subsequart beneficial use of such lands; and 3) that, m the event of the failure of its proposed reclanmation plan, it <br />will take whatever measurtx 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 of the Permittee's application, as amended and supplemented, has been approved by the <br />Board and is, by this rm:feramce, incorporated herein. <br />G. The issuance of this pemtit does not relieve you from having to comply wilco all applicable <br />Federal, State and Courrty statutes, imcludmg State water law. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />The Board, m reliance upon the representations and promises made in the permit application, as <br />amended and supplemerted, and the performance warranty, hereby issues a life of the mine permit to the <br />Pemmittce, to engage in the operations described in the application on certain lands lying in the County of Larimer, <br />State of Colorado. These lands are described m the pemmi application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the following camditions and agreements: <br />1) The Pemmittee will be bound by all applicable requiremernts of the Ad, and all appbcable Hiles <br />and regulations of the Board, as amended from time to time, the terms of the permit appbcatiomm, the terms of the <br />performance warranty, and the terms ofthe financial wararnty filed with the Division. <br />2) The Permitee will file with the Division its annual report and foes on each anniversary date of <br />this pemmi. <br />3) If analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimerrtation by the Permitce or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Ad and applicable rles and regulations of the Board, the Pemmitee hereby <br />agrees to exercise its best efforts, after consuhing with the Division, to modify time plans to correct such <br />deficiencies m the fimue. Such modifications may requie technical revisions or amendments to the permit. <br />4) The Board, or its authorized reprr~+a+ive may errcer upon the lands of the pemmitted operation <br />at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and <br />Regulations, and permit have bear ammplied with pursuant to C.RS. 34-32.5-121. <br />5) This pertni may be rewked or suspended for noncompliance with the Act or apphcable Hiles <br />or regulatons promulgated by the Board, the pemmi, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-] 18(5) of the Act, the Board has a right of emry 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 />