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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 />N. 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, CONDII`IONS 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 Mountain Coal Company, LLC, to engage in the operations described in the
<br />application on the following lands lying in Gunnison County, State of Colorado:
<br />Township 13 South, Range 90 West, 6th P.M.
<br />Sections 9, ]0, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, and 36
<br />Township 13 South, Range 91 West, 6th P.M.
<br />Sections 23, 24, 25, and 26
<br />B. The term of this permit will expire on July 31, 2006.
<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
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