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The loadout is located approximately 2 miles south and the mine site 11 <br />• miles south of Hayden, Colorado on County Road No. 53. <br />The area 1s more specifically described as follows: <br />Mine Area: <br />Sections 30 and 31, TSN, R88W of the 6th P.M. <br />Loadout: <br />The Ei/2 Section 10, W1/2 Section 14, E1/2 Section 15, NE1/4 <br />Section 22, NW1/4 Section 23, T6N, R88W of the 6th P.M. all in <br />Routt County. The U.S.G.S. 7.5 minute quadrangle maps of Hayden <br />Gulch and Hayden, Colorado show the described areas. <br />8. The term of this permit will expire on January 4, 1997. <br />C. Th15 permit 1s 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 sec.) ("the <br />Act"), all lawful rules and regulations thereunder, as amended from time 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 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 1f the Board <br />or the Oivislon 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 />11. the bond of surety forfeiture proceedings described in <br />the Act or similar provisions of subsequent laws, if any, <br />have been initiated. <br />• <br />