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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 Elk Ridge Mining and Reclamation, LLC, to engage in the operations described <br /> in the application on the following lands lying in Montrose County, State of Colorado: <br /> All or portions of the following: <br /> Sec 6T46N,R15W: NEIA NE 1/4, W '/z NW'/4 NE 1/4, SE 1/4 <br /> Sec 1 T46N,R16W: N 1/2 NE 1/4 NE 1/4;NW 1/4 NE 1/4;NW 1/4 SE 1/4 NE 1/4; <br /> NE 1/4 NW 1/4;N 1/2 SE 1/4 NW 1/4 <br /> Sec 36,T47N,R16W: SW 1/4, SE 1/4 <br /> B. The term of this permit will expire on May 26, 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 /> Page 4 of 8 <br />