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. T • • <br />-2- <br />3. The proposed mining and reclanation operations can be carried out in conformance <br />with the requiremermts ofthe Ad, and the Construction Material Rules and Regulations. <br />E. The Peruttee has made a showing satisfactory to the Board: 1) that it will employ, during and <br />after its undergound mining and/or surface operations, procedures designed to mmimi~r environmartal <br />disturbance from such operatiar; 2) that it will provide for reclamaticn of the Affected Lands appropriate to the <br />subsequent beneficial use of such 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 reclarnatiam of the lands amened by such <br />operations in accordance with the Ad. <br />F. A copy of the Pennittce's appbcation, as amended and supplemented, has bear approved by the <br />Board and is, by this reference, incorporated herein. <br />G. 'lire issuance of this pemut does not reheve 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 ur the permit application, as <br />amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the <br />Permittee, to engage m the operations described in the appbcatcn oo certain lands lying ur the County of Logan, <br />State of Colorado. These lands are described ur the pemmrt apphcation, as am®ded and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This penal is issued subject to the following conditions and agreemerrts: <br />1) The Pemmittce will be bound by all applicable requiremarts of the Act, and all applicable Hiles <br />and regulations of the Board, as am®ded from time to tune, the temms of the permit application, the temps of the <br />performance warranty, and the temrs of the Snancial warranty Sled with the Division. <br />2) The Permiaee will file with the Division its amtual report and foes on each anniversary date of <br />this permit. <br />3) h` analyses of the mining and reclamation operation and the data collected through monitoring <br />and experimentation by the Pemmittee or monitoring by the Division indicate that the operation will not be able ro <br />comply with the requiremerrts of the Ad and apphcable Hiles and regulations of the Board, the Peruttee hereby <br />agrees to exercise its best efforts, after consuhing with the Division, to modify the plans to correct such <br />deficiencies um the fimture. Such modifications may require technical revisions or amendments to the permit. <br />4) The Board, or its authorized represartative may eater upon the lands of the permitted operation <br />az all n'asonable times for the purpose of urspection to detemmine whether the provisions of the Act, Rules and <br />Regulations, and pemut have bear complied with pursuant to C.RS. 34-32.5-121. <br />5) This permit may be revoked or suspended for non~otmmpliance with the Ad or apphcable Hiles <br />or regulations promulgated by the Board, the permit, 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 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 />