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-4- (i) The proposed postmining land use of the permit area has been approved by the Division in accordance with the requirements of 4.16. (j) The Division has made all specific approvals required under Rule 4. (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 seq.) 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 Hayden Gulch Terminal, Inc., to engage in the operations described in the application on [he following lands lying in Routt County, State of Colorado: Township 6 North, Range 88 West Section 10: Portions of E 1/2 Section 14: Portions of W 1/2 Section 15: Portions of E 1/2 E 1/2 Section 22: Portions of NE 1/4 Section 23: Portions of N 1/2 N 1/2 NW 1/4 B. The term of this permit will expire on May 22, 2003. C. This permit is issued subject to the following conditions and agreements: 1. Operator agrees to be bound by all lawful requirements of the Colorado Surface Coa] Mining Reclamation Act (C.R.S. 34-33-101 et seq.) ("the Act"), all lawful rules and regulations thereunder, as amended from time to time, and all provisions of this permit.