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The S 1/2 of lots 1 and 2, which said lots are co-extensive with the SE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 16, Township 15 South, Range B6 West, 6th P. M. B. The term of this permit will expire on May 15, 1992. C. This permit is issued subject to the following conditions and agreements: 1. Operator agrees to be bound by all lawful requirements of the Colorado Surface Coal Mining Reclamation Act (C.R.S. 34-33-101 et seq.) ("the Act"), all lawful rules and regulations thereunder, as amended mom ttime to time, and all provisions of this permit. 2. If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the operator or monitoring by the Division indicate in the judgment of the Division that the operation will not be able to comply with the requirements of the Act and lawful rules and regulations thereunder, operator hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans prospectively to correct such deficiencies. Such modifications may require technical revisions or amendments to the permit. 3. This permit may be revoked or suspended for non-compliance with the Act or lawful rules or regulations promulgated by the Board, 4, a. Operator hereby bargains, sells and conveys unto the State of Colorado the right to enter upon the lands above described and to accomplish thereon the reclamation of such lands as required by this permit and by applicable law. b. Such right to enter shall be exercisable only if the Board or the Division shall have lawfully determined: i. that reclamation required by law to have been performed upon such lands has not been performed, and that ii. the bond or surety forfeiture proceedings described in the Act or similar provisions of subsequent laws, if any, have been initiated.