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-4- <br />The legal description is as follows: <br />From the point of beginning at the NE corner of the SE 1/4 NE 1/4 of <br />Section 30, Township 34 North, Range 4 W, proceed east 100 feet thence <br />90o south 1,465 feet, thence west 1,900 feet parallel to Colorado <br />State Highway 151, thence 90o south 180 feet, thence 90o west 1,135 <br />feet, thence 90o north 650 feet, thence 90o west 500 feet, thence <br />90o north 500 feed, thence 90o east 500 feet, thence 90o north <br />1,350 feet, thence 9W east 2,670 feet to the point of beyinning; all <br />within Township 34 North, Range 4 West, N.M.P.M., Archuleta County. <br />Also the W 1/2 NW 1/4 NE 1/4, SE 1/4 NW 1/4 NE 1/4, and E 1/2 NE 1/4 <br />NW 1/4 of Section 30, Township 34 North, Range 4 West, N.M.P.M. (south <br />of the Ute line). <br />B. The term of this permit will expire on January 16, 1989. <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. 1973, 34-33-101 et seq.) <br />("the Act"), all lawful rules and regulations thereunder, as amended from 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, se]ls 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 />