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-4- (i) The proposed postmining land use of the permit area has been approved by the Division in accordance with the requirements of 4.16. (j) The Division has made all specific approvals required under Rule 4. (k) The Division has found that the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined 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.). (l) The applicant has subtniited proof that all recla.•nation 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 [his permit to MINREC, [nc., to engage in the operations described in the application on the following lands lying in Delta County, State of Colorado: Pottions of Section 2, T13S, R91W; and portions of Sections35, T12S, R91W of the 6th P.M. B. The term of this permit will expire on December 9, 2002. 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 Coal 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. Permittee 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: a. Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and [he results of the noncompliance;