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(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 seg.) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq., C.R.S.). (1) 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 Seneca Coal Company, to engage in the operations described in the application on the following lands lying in Routt County, State of Colorado: Township 5 North, Range 87 West, 6th P.M. Section I: All Section 2: All Section 3: Portions of E/2 E/2 Section 11: NE/4, N/2 NW/4, SE/4 NW/4, NE/4 SE/4 Portions of SE/4 SE/4, NW/4 SE/4 Section 12: All Section 13: N/2 N/2 N/2 Township 6 North, Range 87 West, 6th P.M. Section 27: Portions of SE/4 SW/4, SW/4 SW/4, SW/4 SE/4, SE/4 SE/4 Section 34: E/2 E/2, NW/4 NE/4 Portions of NE/4 NW/4, and SW/4 NE/4 Section 35: W/2, W/2 E/2 Portions of SE/4 NE/4, E/2 SE/4 Section 36: Portions of S/2 S/2 Township 5 North, Range 86 West, 6th P.M. Section 6: W/2 W/2 SW/4 Section 7: W/2 NW/4 NW/4, N/2 SW/4 NW/4 B. The term of this permit will expire on February 17, 2012. C. This permit is issued subject to the following conditions and agreements: