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-4_ <br /> A total of approximately 349 acres located in portions of Sections 31 <br /> and 32, T35N, R11W, N.M.F.M. <br /> B. The term of this permit will expire on August 18, 1992. <br /> C. This permit is issued subject to the following conditions and <br /> agreements: <br /> 1 . 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 seq. ) ("the <br /> Act" ) , all lawful rules and regulations thereunder, as amended mom ime to <br /> time, and all provisions of this permit. <br /> 2. if analyses of the mining and reclamation operation and the <br /> data collected through monitoring and experimentation by the operator or <br /> monitoring by the Division indicate in the judgment of the Division that the <br /> operation will not be able to comply with the requirements of the Act and <br /> lawful rules and regulations thereunder, operator hereby agrees to exercise <br /> its best efforts, after consulting with the Division, to modify the plans <br /> prospectively to correct such deficiencies. Such modifications may require <br /> technical revisions or amendments to the permit. <br /> 3. This permit may be revoked or suspended for non-compliance with <br /> the Act or lawful rules or regulations promulgated by the Board. <br /> 4. a. Operator hereby bargains, sells and conveys unto the State <br /> of Colorado the right to enter upon the lands above described and to <br /> accomplish thereon the reclamation of su:h lands as required by this permit <br /> and by applicable law. <br /> b. Such riaht to enter shall be exercisable only if the Board <br /> or the Division shall have lawfully determined: <br /> i . that reclamation req-jired by law to have been performed <br /> upon such lands has not been performed, and that <br /> i . the bond of surety forfeiture proceedings described it <br /> the Act or similar provisions of subsequent laws, if any, <br /> have been initiated. <br /> Such right to enter shall be exercisable only within the <br /> period of time expiring twenty-one (M years after the death of all the <br /> individuals whose names appear on this permit on the date of its issuance. <br /> Such right shall automatically expire when reclamation has been completed and <br /> sureties released. <br />