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-6- <br />7. If analyses of the mining and reclamation operation and the data collected <br />through monitoring and experimentation by the operator or monitoring by the <br />Division indicate in the judgment of the Division that the operation will not be <br />able to comply with [he requirements of the Act and ]awful rules and regulations <br />thereunder, operator hereby agrees to exercise its best efforts, after consulting <br />with the Division, to modify the plans prospectively to correct such deficiencies. <br />Such modifications may require technical revisions or amendments to the permit. <br />8. This permit may be revoked or suspended for non-compliance with the Act or <br />lawful rules or regulations promulgated by the Board. <br />9. No coal mining operations shall be conducted on Federal surface or coal until the <br />Secretary of the Interior has approved the mining plan. The Division reserves the <br />right to modify the permit, when appropriate, in order to resolve conflicts <br />between the permit requirements and the requirements of other laws, rules and <br />regulations administered by the Secretary of the Interior. <br />10. a. Operator hereby bargains, sells and conveys unto the State of Colorado the <br />right to enter upon the lands above described and to accomplish thereon the <br />reclamation of such lands as required by this permit and by applicable law. <br />b. Such right to enter shall be exercisable only if the Board or the Division <br />shall have lawfully determined: <br />i. that reclamation required by law to have been performed upon such <br />lands has not been performed, and that <br />ii. the bond or surety forfeiture proceedings described in [he Act or <br />similar provisions of subsequent laws, if any, have been initiated. <br />c. Such right to enter shall be exercisable only within the period of time <br />expiring twenty-one (21) years after the death of all the individuals whose <br />names appear on this permit on the date of its issuance. Such right shall <br />automatically expire when reclamation has been completed and sureties <br />released. <br />d. Such right to enter is in addition to other lawful rights of the State to enter <br />upon such lands. <br />11. The additional stipulations set forth in the attached rider, if any, are incorporated <br />herein by reference. <br />/ X / a) Rider is attached. <br />/ / b) No rider is attached. <br />