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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 338101 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 New Elk Coal Company, LLC, to engage in the operations described in the <br />application on the following lands lying in Las Animas County, State of Colorado: <br />1.2 acres located in the NEIA SEI/4 Section 19, Township 33 South, Range 67 West of <br />the 6th Principal Meridian as shown on Map 3 of the approved application Old: Sections <br />15, 16, 17, 18, 19, 20, 21, and 22 of Township 33 South, Range 67 West; projected <br />Sections 27, 28, 29, 30, 31, 32, 33 and 34 of Township 33 South, Range 67 West; and <br />projected Sections 3 and 4 of Township 34 South, Range 67 West. Projected sections are <br />partially or fully projected by Basin Resources due to the unsurveyed nature of the <br />Maxwell Land Grant. <br />B. The term of this permit will expire on January 25, 2019. <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. 3433101 et seq.) ("the Act"), all lawful rules <br />and regulations thereunder, as amended from time to time, and all provisions of this <br />permit. <br />2. Pemlittee 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 />