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AlI contained in T35N, R11W, N.M.P.M., LaPlata County, Colorado. The above contains 350 acres more or less, of which 9.28 acres will be disturbed and 340 acres will be affected. B. The term of this permit will expire on March 29 _ ~ 1987, C. This permit i5 issued Subject to the following corditions and agreements: 1. Operator agrees to be bound by all lawful requirements of the Colorado Surface Coal 1"ining Reclamation Act (C.R.S. 1973. 34-33-1G1 Q~~Q9.) (^the act^)• all lawful rules and regulations thereunderr as amended from time to timer and all provisions of this permit. 2. If analyses of the mining and reclamation oper- ation and the data collected through monitoring and experi- mentation by the operator or monitoring by the division indi- cate in the judgment of the division that the operation ' will not be able to comply with the requirements of the Act and lawful rules and regulations thereunder, operator hereby agrees to exercise its best effortsr after consulting with the division, to modify the plans prospectively to correct such deficiencies. Such modifications may require technical revisions or amendments to the permit. 3. This permit may be revoked or suspended for non- complidnCe with the AGt Or lawful rules Or regUldLiOnS promulgated by the board. 4. a. Operator hereby bargains. sells and conveys unto the hate of Colorado the right to enter upon the lands above described and to accomplish thereon the reclamation of ;uch lands as required by this permit and by applicable law.. b. Such right to enter shall be exercisable only if the board or the division shall have lawfully decer- mined: i. that reclamation requireC Dy law to have been performed upon such lands has net been performed and that ii. the bond or surety forfeiture proceedings described in the Act or similar provisions of subsequent lawsr if any, have been ini- tiated. -4-