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<br />(k) The Division has found that the activities would not affect the continued existence
<br />of endangered or threatened species or result in the destruction or adverse
<br />modification of their critical habitats as determined under the Endangered Species
<br />Act of 1973 (16 USC Sec. 1531 et seq.) or the Nongame, Endangered or Threatened
<br />Species Conservation Act (Section 33 -8 -101 et seq., C.R.S.).
<br />(1) The applicant has submitted proof that all reclamation fees required by 30 CFR
<br />Chapter 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
<br />the 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
<br />application, as amended and supplemented, and based upon the foregoing fmdings,
<br />hereby issues this permit to Mountain Coal Company, LLC, to engage in the
<br />operations described in the application on the following lands lying in Gunnison
<br />County, State of Colorado:
<br />Portions of Sections 9 through 36 (inclusive), Township 13 South, Range 90 West;
<br />Portions of Sections 23 through 26 (inclusive), Township 13 South, Range 91 West;
<br />Portions of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, and 12, Township 14 South, Range 90
<br />West. old: Portions of Section 29, 30, 31, and 32, Township 12 South, Range 90
<br />West; Portions of Sections 25, 26, 27, 34, 35 and 36, Township 12 South, Range 91
<br />West; Portions of Sections 1, 2, 3, 4, 5, all of 6 and 7, Portions North of the North
<br />Fork of the Gunnison River in Sections 8, 9, 10, portions of Sections 11, 12, 17, and
<br />18, Township 13 South, Range 90 West; Portions of Sections 1 -3, 11 -13, Township
<br />13 South, Range 91 West; Portions of Sections 6 & 7, Township 13 South, Range
<br />89 West of the 6th P.M.
<br />B. The term of this permit will expire on July 31, 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
<br />Surface Coal Mining Reclamation Act (C.R.S. 34 -33 -101 et seq.) ( "the Act "),
<br />all lawful rules and regulations thereunder, as amended from time to time,
<br />and all provisions 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
<br />any term or condition of the permit, including, but not limited to:
<br />
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