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LEGAL DESCRIPTION <br />Mine area - Parts of the NE 1/4 NW 1/4, SE 1/4 NW 1/4, SW 1/4 NE 1/4, NE 1/4 <br />SW 1/4, SE 1/4 SW 1/4, NW 1/4 SE 1/4, SW 1/4 SE 1/4, SE 1/4 SE 1/4, NE 1/4, SE <br />1/4, all in Section 2, T20S, R70W, of the 6th P.M. (approx. 120 acres) <br />Access road - Parts of the S 1/2, Section 35, T19S, R70W of the 6th P.M. <br />(approx. 3 acres) <br />Twin Pines No. 1 surface facilities - Parts of W 1/2 NW 1/4 Section 1, T20S, <br />R70W of the 6th P.M. (approx 4 acres) <br />Twin Pines No. 2 surface facilities - Parts of E 1/2 NW 1/4 of Section 2, <br />T20S, R70W of the 6th P.M. (approx. 3 acres). <br />All containing approximately 130 acres. <br />B. The term of this permit will expire on December 17 <br />19~. <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 />("the 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 />