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GRANT, CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the represents tions and promises made <br />in such application, as amended and supplemented, and based upon the foregoing <br />findings, hereby issues this permit to operator, to engage in the operations <br />described in the application on the following lands lying in the County of <br />Las Animas, State of Colorado: <br />Nl/2 of Section 29, Township 335, Range 63W <br />B. The term of this permit will expire on December 12, 1995. <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.) <br />("the Act"), all lawful rules and regulations thereunder, as amendedfrom 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 />