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the surrounding area under equivalent levels of management and that the operator can <br />meet the soil reconstruction standards in C.R.S., 34-33-120(2)(g). <br />(i) The proposed postmining land use of the permit area has been approved by the Division <br />in accordance with the requirements of 4.16. <br />(j) The Division has made all specific approvals required under Rule 4. <br />(k) The Division has found that the activities would not affect the continued existence of <br />endangered or threatened species or result in the destruction or adverse modification of <br />their critical habitats as determined under the Endangered Species Act of 1973 (16 USC <br />Sec. 1531 et seq.) or the Nongame, Endangered or Threatened Species Conservation Act <br />(Section 33-8-101 et seq., C.R.S.). <br />(l) The applicant has submitted proof that all reclamation fees required by 30 CFR Chapter <br />VII, Subchapter R, have been paid for all coal mining operations. <br />IV. A copy of the operator's application, as amended and supplemented, has been approved by the <br />Division and is by this reference incorporated herein. <br />GRANTS. CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the representations and promises made in such <br />application, as amended and supplemented, and based upon the foregoing findings, <br />hereby issues this permit to National King Coal, LLC, to engage in [he operations <br />described in the application on the following lands lying in La Plata County, State of <br />Colorado: <br />All or Portions of Sections 28, 29, 31, 32, T35N, R11W, NMPM; Portions of Sections <br />5 and 6, T35n, R12W. <br />B. The term of this permit will expire on August 18, 2002. <br />C. 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 seg.) ("the Act"), all lawful <br />rules and regulations thereunder, as amended from tune to time, and all provisions <br />of this permit. <br />4 <br />