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Township 5 North, Range 90 West <br />Portions of Sections 5 and 6 <br />Township 5 North, Range 91 West <br />Portions of Sections 1, 4 and 5 <br />Sections 2 and 3, ALL <br />Township 6 North, Range 90 West <br />Portions of Sections 30 and 32 <br />Section 31, ALL <br />Township 6 North, Range 91 West <br />Portions of Sections 21, 25, 26, 27, 26, 29, 32 <br />Sections 33, 34, 35 and 36, ALL <br />8. The term of this permit will expire on <br />December 31, 1997. <br />C. This permit is issued subject to the following <br />conditions and agreements: <br />1. Operator agrees to be bound by all lawful <br />requirements of the Colorado Surface Coal Mining Reclamation Act (C.R.S. <br />34-33-101 et se~.> ("the Act"), all lawfu] rules and regu]ations thereunder, <br />as amended from time to time, and all provisions of this permit. <br />2. If analyses of the mining and reclamation <br />operation and the data collected through monitoring and experimentation by the <br />operator or monitoring by the Division indicate in the judgment of the <br />Division that the operation will not be able to comply with the requirements <br />of the Act and lawful rules and regulations thereunder, operator hereby agrees <br />to exercise its best efforts, after consulting with the Division, to modify <br />the plans prospectively to correct such deficiencies. Such modifications may <br />require technical revisions or amendments to the permit. <br />3. This permit may be revoked or suspended for <br />non-compliance with the Act or lawful rules or regulations promulgated by the <br />Board. <br />4. a. Operator hereby bargains, sells and conveys <br />unto the State of Colorado the right to enter upon the lands above described <br />and to accomplish thereon the reclamation of such lands as required by this <br />permit and by applicable law. <br />b. Such right to enter shall be exercisable <br />only if the Board or the Division shall have lawfully determined: <br />i. that reclamation required by law to <br />have been performed upon such lands has not been performed, and that <br />ii. the bond or surety forfeiture <br />proceedings described in the Act or similar provisions of subsequent laws, if <br />any, have been initiated. <br />-4- <br />