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-4- <br />0) The Division has made all specific approvals required under Rule 4. <br />(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 />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 Colowyo Coal Company L.P., to engage in the operations described in the <br />application on the following lands lying in Moffat County, State of Colorado: <br />Township 3 North, Range 93 West, 6th P.M. <br />Portions of Sections 2, 3, 4, 8, 9, 10, 11, 14, 15, 16, 17, 20, 21, and 22 <br />Township 4 North, Range 93 West, 6th P.M. <br />Sections 15, 22, 23, 26, 27, 28, 33, and 34 <br />B. The term of this permit will expire on November 5, 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;