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higher levels of yield as non-mined prime farmland in the <br />surrounding area under equivalent levels of management and that the <br />operator can meet the soil reconstruction standards in C.R.S., <br />34-33-120(2)(9). <br />IV. A copy of the operator's application, as amended and supplemented, has <br />been approved by the Division and is by this reference incorporated <br />herein. <br />GRANTS, CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the representations and promises made in <br />such application, as amended and supplemented, and based upon the <br />foregoing findings, hereby issues this permit to operator, to engage in <br />the operations described in the application on the following lands lying <br />in the County of Routt, State of Colorado: <br />NE 1/4 SE 1/4 Section 21 and S 1/2 NW 1/4 <br />N 1/2 SW 1/4, SW 1/4 SW 1/4 Section 22, <br />Township 4 North, Range 86 West of the 6th P.M. <br />B <br />C <br />The term of this permit will expire on May 26, 1998. <br />This permit is issued subject to the following conditions and agreements: <br />Operator agrees to be bound by all lawful requirements of the <br />Colorado Surface Coal Mining Reclamation Act (C.R.S. 34-33-101 et <br />sec.) ("the Act"), all lawful rules and regulations thereunder, as <br />amended from time to time, and all provisions of this permit. <br />2. If analyses of the mining and reclamation operation and the data <br />collected through monitoring and experimentation by the operator or <br />monitoring by the Division indicate in the judgment of the Division <br />that the operation will not be able to comply with the requirements <br />of the Act and lawful rules and regulations thereunder, operator <br />hereby agrees to exercise its best efforts, after consulting with <br />the Division, to modify the plans prospectively to correct such <br />deficiencies. Such modifications may require technical revisions or <br />amendments to the permit. <br />3. This permit may be revoked or suspended for non-compliance with the <br />Act or lawful rules or regulations promulgated by the Board. <br />4. a. Operator hereby bargains, sells and conveys unto the State of <br />Colorado the right to enter upon the lands above described and <br />to accomplish thereon the reclamation of such lands as required <br />by this permit and by applicable law. <br />b. Such right to enter shall be exercisable on~y if the Board or <br />the Division shall have lawfully determined: <br />