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I <br /> 3) If analyses of the mining an A reclamation operation and the data collected through monitoring and <br /> experimentation by the Pennittee or monitoring by the Division indicate that the operation will not <br /> be able to comply with the requirements of the Act and applicable rules and regulations of the Board, <br /> the Permittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify <br /> the plans to correct such d' ficiencies in the future. Such modifications may require technical <br /> revisions or amendments to tie permit. <br /> 4) The Board or its authorized representative may enter upon the lands of the permitted operation at all <br /> reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules <br /> and Regulations,and permit�ave been complied with pursuant to C.R.S.34-32-121. <br /> 5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or <br /> regulations promulgated by t e Board,the permit,or by violation of a Board Order. <br /> 6) a) Pursuant to 34-32-118(5 of the Act,the Board has a right of entry to reclaim the lands affected <br /> by the operation or to respond to an emergency where the Division determines that any of the <br /> conditions of C.R.S.34-12-124.5 exist <br /> I <br /> b) The Board will enter the iands to perform reclamation only if the Board has determined that: <br /> I <br /> i. Reclamation required by the permit, statute, or regulations to be performed upon such lands <br /> has not been perforrri,ed,or <br /> i <br /> ii. Financial warranty forfeiture proceedings described in the Act or similar provisions of <br /> subsequent laws, if a0y,have been initiated. <br /> I <br /> c) The Division, acting for�he Board, will enter lands to respond to an emergency only where the <br /> Division determines that any of the conditions of Construction Material Rule 8.4.2 exist. <br /> 7) The additional conditions set�Orth in the attached rider, if any,are incorporated herein by reference. <br /> a) Rides is attached. <br /> / XX / b) No rider is attached. <br /> i <br /> MINED LAND RECLAMATIOP BOARD <br /> COLORADO DEPARTMENT OAF NATURAL RESOURCES <br /> Virginia Brannon <br /> Division Director <br /> i <br /> M-AP-32 <br /> Page 3 of 3 <br /> I <br /> I <br />