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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 deficiencies in the future. Such modifications may require technical <br />revisions or amendments to the 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 have 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 the 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. 34-32-124.5 exist. <br />b) The Board will enter the lands to perform reclamation only if the Board 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 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 />I I 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 />