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Mine Location: The property lying in the S 1/2, SE 1/4 of Section 7, T9N, _ <br />R78W; and the property lying in the N 1/2, NE 1/4 of Section <br />18, T9N, R78W, Jackson County, Colorado. <br />Haul Road: The right-of-way, approximately 7,500 feet in length, which <br />traverses portions of the SE 1/4, NW 1/4; NW 1/4, SE 1/4; SW <br />portions of the SW 1/4, 5W 1/4; SE 1/4, SW 1/4; and SW 1/4, <br />SE 1/4 in Section 7, T9N, R79W. <br />B. The term of this permit will expire on April 21, 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 Sufface Coal Mining Reclamation Act (C.R.S. 34-33-101 et seq.) ("the <br />Act"), all lawful rules and regulations thereunder, as amended mom £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 />lawful rules and regulations thereunder, operator hereby agrees to exercise <br />its best efforts, after 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 <br />with the Act or lawful rules or regulations promulgated by the Board. <br />4. a. Operator hereby bargains, sells and conveys unto the <br />State of Colorado the right to enter upon the lands above described and to <br />actornp]ish thereon the rec]amation 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 <br />Board or the Division shall have lawfully determined: <br />i. that reclamation required by law to have been <br />performed upon such lands has not been performed, and that <br />ii. the bond or surety forfeiture proceedings described <br />in the Act or similar provisions of subsequent laws, if aqy, have been <br />initiated. <br />