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<br />GRANT, CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the representations and promises made <br />in such application, as amended and supplemented, and based upon the foregoing <br />findings, hereby issues this permit to operator, to engage in the operations <br />described in the application on the following lands lying in the County of <br />Delta, State of Colorado: <br />Section 31; Township 12 South, Range 90 West. <br />Sections 34, 35, 36; Township 12 South, Range 91 West. <br />Sections 5, 6, 7, 8, 9, l1; Township 13 South, Range 90 West. <br />Sections 1, 2, 3, 11, 12, 13; Township 13 South, Range 91 West. <br />B. The term of this permit will expire on October 11, 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 ~o~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 />lawfiul rules and regulations thereunder, operator hereby agrees to exercise <br />its best efforts, atter 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 performed <br />upon such lands has not been performed, and that <br />ii. the bond of surety forfeiture proceedings described in <br />the Act or similar provisions of subsequent laws, if any, <br />have been initiated. <br />9008G <br />