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(k} The Division has found that the activities would not affect the continued existence of <br />endangered or threatened species or result in the destruction or adverse modification of <br />their critical habitats as determined under the Endangered Species Act of 1973 (16 USC <br />Sec. 1531 et seq.) or the Nongame, Endangered or Threatened Species Conservation Act <br />(Section 33 -8 -101 et seq., C.R.S.). <br />(1) The applicant has submitted proof that all reclamation fees required by 30 CFR Chapter <br />VII, Subchapter R, have been paid for all coal mining operations. <br />A copy of the operator's application, as amended and supplemented, has been approved by the <br />Division and is by this reference incorporated herein. <br />GRANTS, CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the representations and promises made in such application, <br />as amended and supplemented, and based upon the foregoing findings, hereby issues this <br />permit to Western Fuels - Colorado, LLC, to engage in the operations described in the <br />application on the following lands lying in Montrose County, State of Colorado: <br />All or portions of the following: <br />Sec 6 T46N, RI 5W: W 1% NE 1/; W %2 SW 1/ NE %; NW 1/; <br />N %2 NE 1/ SW' /; N % SE 1/4; N'h SE 1/4 SE 1/4 <br />Sec 31 T47N, RI 5W: SW 1/ <br />Sec 1 T46N, R16W: N' /2 NE 1/. NE 1/; NW 1/. NE 1/+; NW'/ SE 1/ NE' /; <br />NE%NW 1 /;N %2 SE 14 NW 1/4 <br />Sec 36 T47N, R16W: SW 1/; SE 1/ <br />Sec 25 T47N, R16W: SW 1/ <br />B. The term of this permit will expire on May 26, 201 S. <br />C. This permit is issued subject to the following conditions and agreements: <br />1. Operator agrees to be bound by all lawful requirements of the Colorado Surface <br />Coal Mining Reclamation Act (C.R.S. 34-33 -101 et seq.) ("the Act "), all lawful <br />rules and regulations thereunder, as amended from time to time, and all provisions <br />of this permit. <br />2. Permittee shall take all possible steps to minimize any adverse impact to the <br />environment or public health and safety resulting from noncompliance with any <br />term or condition of the permit, including, but not limited to: <br />