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<br />-2- <br />3. The proposed mining and reclamation operations can be carried out in conformance <br />with the requiremarts of the Ad, and the Construction Material Rules and Regulations. <br />E. The Pemmrttee has made a showing satisfactory to the Board: I) that it will employ, during and <br />after its underground mining and/or surface operations, prooadures designed to minimi~P envirarmerrtal <br />disturbance from such operation; 2) that it will provide for reclanmation of the Affected Lands appropriate to the <br />subsequent beneficial use of sudr lands; and 3) that, in the event ofthe 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 such <br />operations in accordance with the Act. <br />F. A copy of the Pemmrttce's application, as amamded and supplemented, has beat approved by the <br />Board and is, by this refi:rence, 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, in reliance upon the represartations and promises made in the pemtit application, as <br />amarded and srrpplemented, and the performance warranty, hereby issues a life of the mine pert to the <br />Permrttre, to engage ¢r the operations described in the application on certain Lmds lying in the Cormty of Kit <br />Carson, State of Colorado. These lands are described in the permit application, as amended and supplernarted. <br />and are referred to herein as the "Affected Lands". <br />This permit is issued subject to the following conditions and agreerrmermts: <br />1) 'Ihe Pemmittee will be botmd by all applicable requirements of the Act, and all applicable rules <br />and regulations of the Board, as amended from time to time, the terms of the permit apphcatoq the terms of the <br />perfomiarrce warranty, and the terms ofthe financial warranty filed with the Division. <br />2) The Pemmittce will file with the Division its annual n~ort and foes on each anniversary date of <br />this permit. <br />3) ff analyses of the mining and reclamation operation and dme data collected through monitoring <br />and experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to <br />comply with the requiremarts of the Act and applicable rules and regulations of the Board, the Pertnittee hereby <br />agrces to exercise its best efforts, after consorting with the Division, ro modify the plans to correct such <br />deficiencies in the fi,tmue. Such modificatims may require technical revisions or amendmarts to the permit. <br />4) The Board, or its audmorized represartative may errter upw the lands of the permitted 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 beam complied with pursuarrt to C.R.S. 34-32.5-127. <br />5) This permit may be revoked or suspended for noncompliance with the Ad or applicable rules <br />or regulations promulgated by the Board, the pem»t, or by violation of a Board Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Ad, the Board has a right of artry to reclaint 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 />