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<br />B. The term of this permit will expire on September O1, 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 mom ttime to <br />time; and all provisions of this permit. <br />2, If analyses of the mining and reclamation operation and the <br />data co]lected 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 />