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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 Kerr Coal Company, to engage in the operations described in the application on <br />the following lands lying in Jackson County, State of Colorado: <br />Mine: <br />Township 8 North, Range 78 West, 6th P.M., Portions of Section 2 <br />Township 9 North, Range 78 West, 6th P.M. <br />Section 22: E/2, E/2 NW/4 <br />Section 25: S/2 SW/4, NW/4 SW/4 <br />Section 26: NW/4, SE/4, E/2 SW/4, NW/4 SW/4, SW/4 NE/4, W/2 SE/4 NE/4 <br />Section 27: NE/4 NE/4 NE/4 <br />Section 35: E/2 <br />Portions of Section 23 <br />Loadout: <br />Township 9 North, Range 79 West, 6th P.M., Portions of Sections 28 and 29 <br />B. The term of this permit will expire on March 20, 2016. <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.