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-4- <br />south a distance of 975'±; thence west a distance of 4,160'±; thence south <br />a distance of 395'±; thence west a distance of 740'±; thence N5o23'22"E <br />a distance of 2,662'±; thence S80o04'26"E a distance of 2,030'± to the <br />point of beginning. <br />19 90. <br />B. The term of this permit will expire on January 13 <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. 1973, 34-33-101 et seq.) <br />("tfie Act"), all lawful rules and regulations thereunder, as amended from time <br />to 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 such lands as required by this permit <br />and by applicable law. <br />b. Such right to enter shall be exercisable only if the Board <br />or the Division shall have lawfully determined: <br />i. that reclamation required by law to have been performed <br />upon such lands has not been performed, and that <br />ii. the bond of surety forfeiture proceedings described in <br />the Act or similar provisions of subsequent laws, if any, <br />have been initiated. <br />c. Such right to enter shall <br />period of time expiring twenty-one (21) years <br />individuals whose names appear on this permit <br />Such right shall automatically expire when re <br />sureties released. <br />d. Such right to enter is in <br />of the State to enter upon such lands. <br />be exercisable only within the <br />after the death of all the <br />on the date of its issuance. <br />:lamation has been completed and <br />addition to other lawful rights <br />