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iii <br />999 <br />F'A1?CEL, T'IAZ;1~O, HI;LTIN & SPA.Ay~TST82s, P C. <br />ATTORNCTS AT LAW <br />E11Ri 7000 <br />1001 CALIIDIINIA 3T11fET <br />DEMVEIy GOLOM00 i070i•fE70 <br />TlLLpNONE D071 P-0i•M,OD <br />~RCNT C. ANDGR90N riLEC0~1i111a091 t76•a0+0 DIRCC•T DIAL <br />(309) 293-6521 <br />June 27, 1991 <br />Ms. Cathy Begej <br />Colorado Mined Land Reclamation Division <br />1313 Sherman Street, Roam 215 <br />Denver, Colorado 80202 <br />Re: Grassy Gap Mine -Permit No. C-81-037-- Extension of CMLRD Agreement <br />Dear Cathy: <br />On behalf of the Rockcastle Company ('Rockcastle") I am hereby requesting that the <br />Colorado Mined Land Reclamation Division ("CMLRD") agree to extend the date for <br />completion of reclamation activities at the Grassy Gap Mine site from May 31, 1991 to <br />December 31,1991. This extension is provided for in ¢ II.6 of the Tune 26,1990 agreement <br />between Rockcastle and CMLRD (the "CMLRD Agreement") as follows: <br />[t]he reclamation activities specified herein will be completed by November <br />30, 1990. The date of completion of reclamation shall be extended by mutual <br />agreement of [the parties] if the reclamation activities are delayed due to <br />weather conditions or other circumstances beyond the reasonable control of <br />Rockcastle. <br />The CMLRD Agreement provides that RockcastIe will conduct certain reclamation <br />activities at the Grassy Gap Mine. The CMLRD Agreement also provides that CMLRD <br />will reduce Rockcastte's reclamation bond based upon completion of these reclamation <br />activities, To date, Rockcastle has completed many of these reclamation activities including: <br />backfilling, grading, retopsoiiing and reseeding of Pit 4, and completion of a substantial part <br />of the slope stabilization activities adjacent to the Pit 4 haul road. <br />Despite the completion of the majority of the reclamation obligations set forth in the <br />CMLRD Agreement, several reclamation obligations remain to be completed by Rockcastle <br />including geomorphic stabilization activities at Pits 5/6, sediment pond reclamation <br />activities, and remaining slope stabilization activities on the Pit 4 haul road. Current <br />CMLRD and Office of Surface Mining, Reclamation and Enforcement concerns regarding <br />Colorado's bonding program and Rockcastle's requested bond release prevent Rockcastle <br />from completing the remaining reclamation activities in accordance with the CMLRD <br />Agreement. These regulatory issues are beyond the reasonable control of Rockcastle and, <br />thus extension of the Agreement is appropriate under ~ II.6. <br />