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-4- their critical habitats as detemuned under the Endangered Species Act of 1973 (16 USC Sec. 1531 et seq.) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq., C.R.S.). (]) The applicant has submitted proof that all reclamation fees required by 30 CFR Chapter VII, Subchapter R, have been paid for all coal mining operations. IV. A copy of the operator's application, as amended and supplemented, has been approved by the Division and is by this reference incorporated herein. GRANTS, CONDITIONS AND AGREEMENTS A. The Division, in reliance upon the representations and promises made in such application, as amended and supplemented, and based upon the foregoing findings, hereby issues this permit to Kerr Coal Company, to engage in the operations described in the application on the following lands lying in Jackson County, State of Colorado: Township 8 North, Range 78 West, 6th P.M. Portions of Section 2 Township 9 North, Range 78 West, 6th P.M. Section 22: E/Z, E/Z NW/4 Section 25: S/2 SW/4, NW/4 SW/4 Section 26: NW/4, SE/4, E/2 SW/4, NW/4 SW/4, SW/4 NE/4, W/2 SE/4 NE/4 Section 27: NE/4 NE/4 NE/4 Section 35: E/2 Portions of Section 23 Loadout: Township 9 North, Range 79 West, 6th P.M. Portions of Sections 28 and 29 B. The term of this permit will expire on Mazch 20, 2006. C. This permit is issued subject to the following conditions and agreements: Operator agrees to be bound by all lawful requirements of the Colorado Surface Coa[ Mining Reclamation Act (C.R.S. 34-33-101 et seq.) ("the Act"), all lawful rules and regulations Thereunder, as amended from time to time, and all provisions of this permit. 2. Perminee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to: