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<br />• ! <br />-3- <br />/ XX / a) Rider is attached. <br />/ / b) No rider is attached. <br />MINED LAND RECLAMATION BOARD <br />COLORADO DEPARTMENT OF N TURAL RESOURCES <br />l / ~, ,~"-~2~ <br />MICHAEL B. LONG ~ ~ /; ~ <br />Division Director <br />3) If analyses of the mining and reclamation operation and the data collected through <br />monitoring and experimentation by the Permittee or monitoring by the Division indicate that the <br />operation will not be able to comply with the requirements of the Act and applicable rules and <br />regulations of the Board, the Permittee hereby agrees to exercise its best efforts, after consulting <br />with the Division, to modify the plans to correct such deficiencies in the future. Such <br />modifications may require technical revisions or amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the <br />permitted operation at all reasonable times for [he purpose of inspection to determine whether <br />the provisions of the Act, Rules and Regulations, and permit have been complied with pursuant <br />[o C.R.S. 34-32.5-]21. <br />5) This permit may be revoked or suspended for non-compliance with the Act or <br />applicable rules or regulations promulgated by the Board, the permit, or by violation of a Board <br />Order. <br />6) a) Pursuant to 34-32.5-118(5) of the Act, [he Board has a right of entry to reclaim <br />the lands affected by the operation, or to respond to an emergency as defined by C.R.S. 34-32.5- <br />121(2) <br />determined: <br />b) The Board will enter the lands to perform reclamation only if the Board has <br />i. that reclamation required by law to have been performed upon such <br />lands has not been performed, and <br />ii. that financial warranty forfeiture proceedings described in the Act or <br />similaz provisions of subsequent laws, if any, have been initiated. <br />c) The Division, acting for the Board, will enter lands to respond to an <br />emergency only where the Division determines that any of the conditions of Construction <br />Material Rule 8.4.2. exist. <br />7) The additional conditions set forth in the attached rider, if any, are incorporated <br />herein by reference. <br />