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-4- determined that the operator has the technological capability to restore such mined area, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management and that the operator can meet the soil reconstruction standards in C.R.S., 34-33-120(2)(8). (i) The proposed postmining land use of the permit area has been approved by [he Division in accordance with the requirements of 4.16. (j) The Division has made all specific approvals required under Rule 4. (k) The Division has found that the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973 (16 USC Sec. 1531 et seq.) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq., C.R.S.). (I) The applicant has submitted proof that all reclamation fees required by 30 CFR Chapter VII, Subchapter R, have been paid for all coal mining operations. IV. A copy of the operator's application, as amended and supplemented, has been approved by the Division and is by this reference incorporated herein. GRANTS. CONDITIONS AND AGREEMENTS A. The Division, in reliance upon the representations and promises made in such application, as amended and supplemented, and based upon the foregoing findings, hereby issues this permit to Mountain Coal Company, to engage in the operations described in the application on the following lands lying in Gunnison and Delta Counties, State of Colorado: Township 13 South, Range 90 West. 6th P.M. Sections 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, and 36 Township 13 South, Range 91 West. 6th P.M. Sections 23, 24, 25, and 26 B. The term of this permit will expire on July 31, 2001. C. This permit is issued subject to the following conditions and agreements: