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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 Hayden Gulch Terminal, LLC, to engage in the operations described in the <br />application on the following lands lying in Routt County, State of Colorado: <br />Township 6 North, Range 88 West of the 6th Principal Meridian <br />Section 10 Portions of El/2 <br />Section 14 Portions of W1/2, SEI/4, and SWI/4 <br />Section 15 Portions of El/2E1/2 <br />Section 22 Portions of NE 1 /4 <br />Section 23 Portions ofNl/2N1/2NW1/4 <br />Section 24 Portions of S1/2N1/2, NW1/4 <br />Township 6 North, Range 87 West of the 6th Principal Meridian <br />Section 17 Portions of SW 1/4, SE 1/4, and NE1/4 <br />Section 18 Portions of SEI/4 <br />Section 19 Portions of N 1 /2 <br />B. The term of this permit will expire on May 22, 2023. <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 />