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-4- <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 />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 application, <br />as amended and supplemented, and based upon the foregoing findings, hereby issues this <br />permit to New Elk Coal Company, LLC, to engage in the operations described in the <br />application on the following lands lying in Las Animas County, State of Colorado: <br />Lands south of the Purgatorie River, lands east of Cow Canyon, lands north of the <br />Puertecito Canyon, and lands west of Little Jeff Canyon, covering approximately 3,142 <br />acres. <br />B. The term of this permit will expire on November 7, 2012. <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 />of this permit. <br />2. Permittee shall take all possible steps to minimize any adverse impact to the <br />environment or public health and safety resulting from noncompliance with any <br />term or condition of the permit, including, but not limited to: <br />a. Any accelerated or additional monitoring necessary to determine the nature <br />and extent of noncompliance and the results of the noncompliance; <br />b. Immediate implementation of measures necessary to comply; and <br />c. Warning as soon as possible after learning of such noncompliance, any <br />person whose health and safety is in imminent danger due to the <br />noncompliance.