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-3- <br /> 3) If analyses of the mining and reclamation operation and the data collected through monitoring <br /> and experimentation by the Permittee or monitoring by the Division indicate that the operation will not be <br /> able to comply with the requirements of the Act and applicable rules and regulations of the Board, the <br /> Permittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans <br /> to correct such deficiencies in the future. Such modifications may require technical revisions or amendments <br /> to the permit. <br /> 4) The Board, or its authorized representative may enter upon the lands of the permitted <br /> operation at all reasonable times for the purpose of inspection to determine whether the provisions of the Act. <br /> Rules and Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. <br /> 5) This permit may be revoked or suspended for non-compliance with the Act or applicable 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 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 by law to have been performed upon such lands has not <br /> been performed, and <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 <br /> where 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 <br /> 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 /> MICHAEL B. <br /> Division Director M AP-28 <br />