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-4- <br />concurrence of the Secretary of the United States Department of Agriculture, determined <br />that the operator has the technological capability to restore such mined azea, within a <br />reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in <br />the surrounding azea under equivalent levels of management and that the operator can <br />meet the soil reconstruction standards in C.R.S., 34-33-120(2)(8). <br />(i) The proposed postmining land use of the permit area has been approved by the Division <br />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 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 />IV. 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, 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 findings, <br />hereby issues this permit to Coors Energy Company, to engage in the operations <br />described in the application on the following lands lying in Weld County, State of <br />Colorado: <br />Township 3 North, Range 64 West <br />Sections 25 and 36 <br />B. The term of this permit will expire on November 3, 2001. <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 />