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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 /> 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 Oxbow Mining, LLC, to engage in the operations described in the application on <br /> the following lands lying in Delta County, State of Colorado: <br /> Parts of Section 15, Township 13 South,Range 91 West of the 6th Principal Meridian. <br /> B. The term of this permit will expire on August 23,2028. <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 /> noncompliance. <br /> Page 4 of 7 <br />