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<br />I. INTRODUCTION <br />1. WHEREAS The Rockcastle Company ("Rockcastle") is a Florida <br />Corporation which conducted surface coal mining and reclamation operations at <br />the Grassy Gap Mine pursuant to Permit No. C-81-039 (the "Permit") issued by the <br />Colorado Mined Land Reclamation Division (the "Division") pursuant to the <br />Colorado Surface Coal Mining Reclamation Act, 34-33-101 et seg., (the "Act"); <br />2. WHEREAS Rockcastle desires to conduct reclamation activities at the <br />Grassy Gap Mine (the "Site") pursuant to the Act and the terms of the Permit; <br />3. WHEREAS Rockcastle and the Division desire to fully resolve and <br />settle Notices of Violation ("NOV") C-89-034 and L-90-007; <br />4. WHEREAS the Division has the requisite authority to enter into this <br />Agreement pursuant to the Act; <br />5. WHEREAS, this Agreement is necessary to achieve timely and adequate <br />reclamation at the Site; <br />6. WHEREAS, Rockcastle has completed backfilling, grading and <br />revegetation at five of the six pits at the Site but has not previously sought <br />partial bond release for such reclamation; <br />7. WHEREAS, Rockcastle's permit expired on April 23, 1990 and Rockcastle <br />has not sought renewal of the Permit; <br />