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<br />-4- <br />(i) The proposed postmining land use of the permit area has been approved by the <br />Division in accordance with the requirements of 4.16. <br />(j) The Division has made all specific approvals required under Rule 4. <br />(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 <br />of their critical habitats as determined under the Endangered Species Act of 1973 (16 <br />USC Sec. 1631 et seq.) or the Nongame, Endangered or Threatened Species <br />Conservation Act (Section 33-8-101 et seq., C.R.S.). <br />(l) 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 />1V. A copy of the operator's application, as amended and supplemented, has been approved by <br />the Division and is by this reference incorporated herein. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the representations and promises made in such <br />application, as amended and supplemented, and based upon the foregoing fmdings, <br />hereby issues this permit to Kerr Coal Company, to engage in the operations described <br />in the application on the following lands lying in Jackson County, State of Colorado: <br />Township 8 North, Range 78 West of the 6th P.M.: <br />Portions of Section 2 <br />Township 9 North. Ranee 78 West of the 6th P.M.: <br />Section 22: E'/z, E'/z NW'/s; <br />section 25: S'/z sw'~<; Nw'~, Sw'~.; <br />Section 26: NW'/.; sE'k; E'~z Sw'~a; Nw'~, sw'~a; sw'~a NE'~<; <br /> W'/z SE'k NE'/a <br />Section 27: NE'/a NE'/a NE'/s; <br />Section 3s: E'/z <br />Portions of Section 23 <br />IAADOtIT: <br />Townshiv 9 North. Range 79 West of the 6th P.M <br />Portions of Sections 28 and 29 <br />B. The term of this permit will expire on Mareh 20, 2001. <br />