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-a- <br />B. <br />C. <br />Townshin 5 North. Ranee 86 West <br />Section 1: SW'/+, S'h SW'k SE'/a <br />Section 2: E'h SE'k SE'/a <br />Section 12: W'h NE'k, W'h E'h NE'k, NE'k NW'/a, E'fi SE'/a NW'/a, <br />E'h NW'/a NW'/a, E'fz NE'/a SW'/a, SE'/a SW'/a, SE'k <br />Section 13: E'h, E'h NW'/a, E'h SW'/a <br />Section 24: N'h NE'/a, NE'/a NW'/a <br />Township 5 North. Range 85 West <br />Section 18: W'h NW'k NW'/a, W'h SW'/a NW'/a, SE'/a SW'k NW'/a, <br />W'h SW'/a, W'fz NE'/a SW'/a, W'h SE'/a SW'/+ <br />Section 19: North 250 feet of the NW'/a NW'/a <br />(Excepting a haul road from County Road 33 North to Tipple 3 and the <br />disturbance permitted by Twentymile Coal Company under Permit <br />Application No. C-81-036.) <br />The term of this permit will expire on October 4, 1999. <br />This permit is issued subject to the following conditions and agreements: <br />1. Operator agrees to be bound by all lawful requirements of the Colorado Surface <br />Coal Mining Reclamation Act (C.R.S. 34-33-101 et seq.) ("the Act"), all lawful <br />rules and regulations thereunder, as amended from time to time, and all <br />provisions of this permit. <br />2. If analyses of the mining and reclamation operation and the data collected <br />through monitoring and experimentation by the operator or monitoring by the <br />Division indicate in the judgment of the Division that the operation will not be <br />able to comply with the requirements of the Act and lawful rules and regulations <br />thereunder, operator hereby agrees to exercise its best efforts, after consulting <br />with the Division, to modify the plans prospectively to correct such deficiencies. <br />Such modifications may require technical revisions or amendments to the permit. <br />3. This permit may be revoked or suspended for non-compliance with the Act or <br />lawful rules or regulations promulgated by the Board. <br />4. a. Operator hereby bargains, sells and conveys unto the State of Colorado the <br />right to enter upon the lands above described and to accomplish thereon <br />the reclamation of such lands as required by this permit and by applicable <br />law. <br />b. Such right to enter shall be exercisable only if the Board or the Division <br />shall have lawfully determined: <br />that reclamation required by law to have been performed upon such <br />lands has not been performed, and that <br />