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Reclaimed Pit: <br />E1/2 SE1/4 Section 23 <br />W1/2 SW1/4 Section 24 <br />W1/2 NW1/4 Section 25 <br />E1/2 NE1/4 Section 26, T6N, R87W of the 6th P. M. <br />Train Loadout, Access Road, Office, Scale; Shop, Crusher, Stockpile, Conveyor; <br />etc.: <br />SEl/4 SEl/4 SWl/4, and Wl/2 S1/2 SEl/4, Section 11 <br />E1/2 NW1/4, and NE1/4 NW1/4 NE1/4, <br />Section 14, T6N, R87W of the 6th P.M. <br />Including a total of 190,46 acres, <br />B. The term of this permit will expire on August 9, 1993. <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 ~om~ime to <br />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 <br />performed upon such lands has not been performed, and that <br />ii. the bond of surety forfeiture proceedings described <br />in the Act or similar provisions of subsequent laws, if <br />any, have been initiated. <br />