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<br />GRANTS, CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the representations and promises <br />made in such application, as amended and supplemented, and based upon the <br />foregoing findings, hereby issues this permit to operator, to engage in the <br />operations described in the application on the following lands lying in the <br />County of Fremont, State of Colorado: <br />Portions of Sections 1 and 2, Township 20 South, Range 70 West and Section 35, <br />Township 19 South, Range 70 West all of the 6th P.M. <br />B. The term of this permit will expire on December 11, 1994. <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 ~ro~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 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 or surety forfeiture proceedings described in <br />the Act or similar provisions of subsequent laws, if any, have been initiated. <br />c. Such right to enter shall be exercisable only within the <br />period of time expiring twenty-one (21) 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 />