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r~ DRAFT ADDENDUM TO AGREEMENT JUNE 14, 1993 ~~ /`~, =" UJ J\ ~l ~~ ~'~ ~~ WHEREAS the Rockcastle Company is a Florida Corporation which conducted surface coal mining and reclamation operations at the Grassy Gap Mine under Permit No. C-81-039 (the "Permit") issued by the Colorado Mined Land Reclamation Division, now the Colorado Division of Minerals and Geology (the "Division"), pursuant to the Colorado Surface Coal Mine Reclamation Act, 34-33-101, et ~ (the "Act"); WHEREAS the Aereement_the.Division and Rockcastle entered into an ® June 26, 1990 ("the "Agreement"} which required that Rockc~stle conduct reclamation activities at the Grassy Gap Mine (the "Site"), to fully resolve and settle Notices of Violation ("NOV") C-89-034 and C-90-007; and to resolve Rockcastle's liability at the Site. WHEREAS Rockcastle has conducted the required reclamation activities at the Site and has completed such activities in accordance with its obligation under the Agreement; WHEREAS the Division has conducted numerous inspeMions of the Site and has entered the attached findings that the current reclamation requirements at the Site have been completed as specified in the Agreement (Attachment 1); WHEREAS Rockcastle and the Division desue to document the final resolution of matters under the Agreement in this Addendum to the Agreement; WHEREAS the Division has the requisite authority to enter this Addendum to the Agreement; NOW THEREFORE, Rockcastle and the Division agree as follows: 1 1. The Findings set forth on Attachment I are hereby incorporated by reference. On rt' the basis of these findings, its inspections of the Site and the documentation included ~, in its files pertinent to the Site, the Division has determined that Rockcastle has fully complied with all of its obligations under Sections II, III, IV, and VI of the Agreement and is entitled to all of the contingent benefits of the Agreement. 2. The Division and Rockcastle agree that all of the bonds release and reduction procedures contemplated in Sections V.1, V.2, V3, and V.~have been completed in accordance with the requirements of the Agreement--"and applicable regulations. The retained bond amount contemplated in Section V.5 has been formally modified to reflect an amount of $35,000 by virtue of a formal Modification to Agreement effective May 10, 1993 ("the May 10 Modification"}.