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-4- <br />(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 />IV. 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 Twentymile Coal, LLC, to engage in the operations described in the application <br />on the following lands lying in Routt County, State of Colorado: <br />In portions of Sections 7, 8, 9, T4N, R86W; Sections 32 and 33, T6N, R86W; Sections 23, <br />24, 25, 26, 27, 34, 35 and 36 in TSN, R87W; and all of TSN, R86W with the exception of <br />Sections 34, 35, and 36 <br />B. The term of this permit will expire on May 23, 2018. <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 />a. Any accelerated or additional monitoring necessary to determine the nature <br />and extent of noncompliance and the results of the noncompliance; <br />b. Immediate implementation of measures necessary to comply; and <br />C. Warning as soon as possible after learning of such noncompliance, any <br />person whose health and safety is in imminent danger due to the <br />