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3) If analyses of the mining and reclamation operation and the data c llected through monitoring and <br /> experimentation by the Permittee or monitoring by the Division in icate that the operation will not <br /> be able to comply with the requirements of the Act and applicable ru es and regulations of the Board, <br /> the Permittee hereby agrees to exercise its best efforts, after consult ng with the Division, to modify <br /> the plans to correct such deficiencies in the future. Such modi ications may require technical <br /> revisions or amendments to the permit. <br /> 4) The Board or its authorized representative may enter upon the lands f the permitted operation at all <br /> reasonable times for the purpose of inspection to determine whether he provisions of the Act, Rules <br /> and Regulations,and permit have been complied with pursuant to C. .S. 34-32-121. <br /> 5) This permit may be revoked or suspended for non-compliance wit the Act or applicable rules or <br /> regulations promulgated by the Board,the permit,or by violation of. Board Order. <br /> 6) a) Pursuant to 34-32-118(5) of the Act,the Board has a right of en to reclaim the lands affected <br /> by the operation or to respond to an emergency where the Divi ion determines that any of the <br /> conditions of C.R.S.34-32-124.5 exist <br /> b) The Board will enter the lands to perform reclamation only if the :oard has determined that: <br /> i. Reclamation required by the permit, statute, or regulations to be performed upon such lands <br /> has not been performed,or <br /> ii. Financial warranty forfeiture proceedings described in the Act or similar provisions of <br /> 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 the <br /> Division determines that any of the conditions of Construction M erial Rule 8.4.2 exist. <br /> 7) The additional conditions set forth in the attached rider, if any,are inc rporated herein by reference. <br /> / / a) Rider is attached. <br /> / XX / b) No rider is attached. <br /> MINED LAND RECLAMATION BOARD <br /> COLORADO DEPARTMENT OF NATURAL RESOURCES <br /> \7 ; — <br /> Virginia Brannon <br /> Division Director <br /> M-AP-32 <br /> Page 3 of 3 <br />