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r <br />4 <br />B. The term of this permit will expire on August 21, 1992 <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 Surface Coal Mining Reclamation Act (C.R.S. 1913, 34 -33 -101 et seq.) <br />( "the Act "), all lawful rules and regulations thereunder, as amended mom Time <br />to 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 if the Board <br />or the Division 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 />ii, the bond of surety forfeiture proceedings described in <br />the Act or similar provisions of subsequent laws, if any; <br />have been initiated. <br />