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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 Moffat, State of Colorado: <br />Portions of Section 5 and 6 in T5N, R90W; portions of Sections 1, 4 and 5 and <br />all of Sections 2 and 3 in T5N, R91W; portions of Sections 30 and 32 and all <br />of Section 31 in T6N, R90W; and portions of Sections 21, 25, 26, 27, 28, 29 <br />and 32 and all of Sections 33, 34, 35 and 36 in T6N, R91W. <br />B. The term of this permit will expire on December 31, 1992. <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 1'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 <br />with the Act or lawful rules or regulations promulgated by the Board. <br />4, a. Operator hereby bargains, sells and conveys unto the <br />State 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 <br />Board or the Division shall have lawfully determined: <br />i. that reclamation required by law to have been <br />performed upon such lands has not been performed, and that <br />ii. the bond or surety forfeiture proceedings described <br />in the Act or similar provisions of subsequent laws, if any, have been <br />initiated. <br />