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-3- <br />6) a) Pursuant to 34- 32.5- 118(5) of the Act, the Board has a right of entry to reclaim the lands <br />affected by the operation, or to respond to an emergency as defined by C.R.S. 34- 32.5 - 121(2). <br />b) The Board will enter the lands to perform reclamation only if the Board has determined: <br />i. that reclamation required the permit, statute, or regulations to be performed upon <br />such lands has not been performed, or <br />ii. that financial warranty forfeiture proceedings described in the Act or similar <br />provisions of subsequent laws, if any, have been initiated. <br />c) The Division, acting for the Board, will enter lands to respond to an emergency only where <br />the Division determines that any of the conditions of Construction Material Rule 8.4.2. exist. <br />7) The additional conditions set forth in the attached rider, if any, are incorporated herein by reference. <br />a) Rider is attached. <br />/X/ b) No rider is attached. <br />MINED LAND RECLAMATION BOARD <br />COLORADO DEPARTMENT OF NATURAL RESOURCES <br />VIRGINIA BRANNON <br />Division Director <br />