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-z- <br />3. The proposed mining and reclamation operations can be carried art in conformance <br />with the requirements ofthe Act, and the Constmdion Material Rules and Regulations. <br />E. The Pemrittse has made a showing satisfactory to the Board: 1) that it will employ, during and <br />a8er its underground mining and/or surface operations, procedures designed to min;m3a environmental <br />disturbance from suds operation; 2) that ¢ will provide for reclamation of the Affected Lands appropriate to the <br />subsequart beneficial use of such lands; and 3) that, in the evert ofihe failure of its proposed reclamation plan, rt <br />will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such <br />operations rtr accordance with the Ad. <br />F. A copy of the Pemrittee's application, as am~rded and supplernarted, has been approved by the <br />Board and is, by this referarce, incorporated herein. <br />G. The issuance of this pemtit does not reheve you froarr having to comply widt all apphcable <br />Federal, State and County statutes, including State water law. <br />GRANTS. CONDTITONS AND AGREEMENTS <br />The Board, in reliance upon dre represartations and promises made in the permit apphcation, as <br />amanded and supplemented, and the perfomrance warranry, hereby issues a life of the mine pemrit to the <br />Permittee, to engage m the operations described in the application on certain lands lying in the County of Mesa, <br />State of Colorar~. These lands are described in the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />This permit is issued subject to the followarg oarditions and agreeirrents: <br />1) The Pernrittee will be bound 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 app]cation, the terms of the <br />performance warranty, and the leans of the fnrancial warranty filed with the Division. <br />2) The Pemrittee will Sle with the Division its amrual report and fees on eadr anniversary date of <br />this permit. <br />3) If analyses of the mining and reclamation operation and the data collected through monitormg <br />and experimartation by the Pernrittce or monitoring by the Division indicate that the operation will not be able to <br />comply with the requirements of the Ad and applicable rules and regulations of the Board, the Pennittee hereby <br />agrees to exercise its best efforts, after caarsultnrg wit}r the Division, to modify the plans to correct such <br />deficiencies in the figure. Sudr modifications may require tedmical revisions or amendme+rts to the pemrrt. <br />4) The Board, or its authorized represerrtativE may e;rter upon the lands of the permitted operation <br />at all reasonable lanes for the purpose of inspection to detemtine whether the provisions of the Ad, Rules and <br />Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br />5) This permit may be revoked or cusp®ded for non<ornpliance with the Ad or applipble rules <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 Act, the Board has a right of etrry 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 />