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(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 /> (1) The applicant has submitted proof that all reclamation fees required by 30 CFR Chapter <br /> Vfl, 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 application, <br /> as amended and supplemented, and based upon the foregoing findings, hereby issues this <br /> permit to NCIG Financial, Inc., to engage in the operations described in the application on <br /> the following lands lying in Garfield County, State of Colorado: <br /> Township 6 South, Range 91 West, 6th PM <br /> Section 1: Those lands in the NE 1/4 yet south of County Road 335, Lots 3 and 4, S 1/2, <br /> S 1/2 NW 1/4 <br /> Section 12: NI/2 NE 1/4 <br /> Township 6 South, Range 90 West, 6th PM <br /> Section 5: S1/2SW1/4 <br /> Section 6: All lands south of County Road 335 and a strip of land approximately 400 <br /> feet long and 25 feet wide which extends north from the county road to the Colorado <br /> River,originating just east of the mine entrance road <br /> Section 7: NE1/4, NI/2 NW I/4 <br /> Section 8: N1/2, N1/2 SEI/4, NE1/4 SW1/4 <br /> Section 9: SI/2NW1/4, SW1/4 <br /> Section 15: NW 1/4 <br /> Section 16: NI/2 NEI14, NE 1/4 NW 1/4 <br /> containing 2484.5 acres more or less. <br /> B. The term of this permit will expire on October 9, 2006. <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 seq.) ("the Act"), all lawful <br /> rules and regulations thereunder, as amended from time to time, and all provisions <br />