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iii iiiiiiiiiim iii i ~~° 999 PARCEL, MAURO, HULTIN & SPAANSTRA, P. C. ATTORNEYS AT LAW SUITE 3600 IBOI CALIFORNIA STREET DENVER, COLORADO 80202-2638 TELEPHONE 0031 292-8400 DEAN R. MASSEY TELECOPIER 1303)295-3040 DIRECT DIAL (303)293-6509 October 16, 1991 yy yyam~,, Mr. Steve Renner Colorado Mined Land Reclamation Division OCT 1 E 9QQ1 1313 Sherman Street Suite 215 Mined Land Denver, Colorado 80203 Reclamation Division Re: The Rockcastle Company Dear Mr. Renner: On June 2fi, 1990, our client, The Rockcastle Company entered into an alternative enforcement agreement with your office ("The Agreement"). That Agreement set forth the reclamation obligations to be performed by Rockcastle and contemplated a schedule of sequenced bond releases/reductions following completion of the specified reclamation tasks. Following execution of the Agreement, Rockcastle, through its contractor Native Excavating, completed backfilling, topsoiling and reseeding activities for the primary disturbance in Pit 4 along with certain other required site reclamation work. Following a partial bond release/reduction which became final on November 13,1990, Rockcastle formally requested a bond release/reduction on November 30, 1990. This request covered completion of backfilling, grading and topsoiling at Pit 4, reseeding activities at Pit 4 and road buttress installation. Since that time, interference by the U.S. Office of Surface Mining and disagreements with your staff over administrative requirements have delayed completion of site reclamation and further bond releases. In a recent meeting with you and your staff, Rockcastle has reiterated its intent to comply fully with the terms of the agreement and expressed its reservations regarding the ability and intent of your office to implement its obligations as contemplated in the Agreement. In the course of that meeting, those concerns were addressed to our satisfaction. As suggested in the letter from Dave Barry received on September 19, 1991, Rockcastle would like to establish a basis for a comprehensive resolution of all issues related to the completion of its obligations under the Agreement and the release of the financial warranty in accordance with the terms of the Agreement. This letter is intended to summarize the status of the outstanding issues and establish a framework of understanding regarding the resolution of each issue and resultant expectation regarding bond release.