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Mine Location: The property lying in the S 1/2 SE 1/4 of Section 7, <br />Township 9 North, Range 78 West; and the property lying <br />in the N 1/2 NE 1/4 of Section 18, Township 9 North, <br />Range 78 West. i <br />Haul Road: The right-of-way, approximately 7500 feet in length, whidh <br />traverses portions of the SE 1/4 NW 1/4, NW 1/4 SE 1/4, <br />SW 1/4 SE 1/4, SE 1/4 SE 1/4 in Section 12, Township 9 Ndrth, <br />Range 79 West, and portions of the SW 1/4 SW 1/4, SE 1/4 <br />SW 1/4, and SW 1/4 SE 1/4 in Section 7, Township 9 North , <br />Range 79 West. i <br />B. The term of this permit will expire on April 21, 1998. I <br />C. This permit is issued subject to the following conditions and i <br />agreements: <br />1. Operator agrees to be bound by all lawful requirements of t~e <br />Colorado Surface Coal Mining Reclamation Act (C.R.S. 34-33-101 et sec.) ("'the <br />Act"), all lawful rules and regulations thereunder, as amended from time ~o <br />time, and all provisions of this permit. <br />2. If analyses of the mining and reclamation operation and theldata <br />collected through monitoring and experimentation by the operator or monitoring <br />by the Division indicate in the judgment of the Division that the operati~n <br />will not be able to comply with the requirements of the Act and lawful rues <br />and regulations thereunder, operator hereby agrees to exercise its best I <br />efforts, after consulting with the Division, to modify the plans prospecthvely <br />to correct such deficiencies. Such modifications may require technical <br />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 St~te <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 perm~t <br />and by applicable law. <br />b. Such right to enter shall be exercisable only if the Bo~rd <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 or surety forfeiture proceedings described in <br />the Act or similar provisions of subsequent laws, if any, have been initiated. <br />c. Such right to enter shall be exercisable only within th~ <br />period of time expiring twenty-one (21> years after the death of all the <br />individuals whose names appear on this permit on the date of its issuance{ <br />Such right shall automatically expire when reclamation has been completed~,and <br />sureties released. ~ <br />