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to Agreement set forth the terms pursuant to which the balance of the earmarked <br />funds would be returned to Rockcastle. <br />22. The Division currently holds certified funds in the amount of $35,000 and therefore, <br />Rockcastle has complied with Section VI of the Agreement). <br />23. The bond forfeiture process has been concluded as outlined in Rule 3.04. The bond <br />forfeiture amount has been modified as outlined in Paragraphs 20 and 21 above. <br />Rockcastle has been entered into the Applicant Violator System ("AVS"). The terms <br />of Section VII of the Agreement have been complied with. <br />24. Rockcastle has completed all reclamation activities required under the terms of the <br />Agreement and paid an $1,800 civil penalty for NOV C-90-007. Rockcastle has <br />complied with Section VIII, Part 1 of the Agreement, which constitutes all acts <br />necessary to fully abate and terminate all existing or future liability under NOV C-89- <br />034 and NOV C-90-007. <br />25. Bond forfeiture under Section VIII, Part 2 of the Agreement has been concluded. <br />(See Pazagraph 24). Rockcastle and its officers, directors, agents and contractors aze <br />no longer subject to civil or criminal penalties pursuant to 34-33-123 C.R.S. <br />26. Rockcastle has fully performed its obligations under the terms of the Agreement and <br />hence the Division will not undertake any further action to enforce the terms of <br />NOV C-90-007 and NOV C-89-034, and the Board Order of December 14, 1989. <br />Section VIII, Part 3 of the Agreement is null and void. <br />27. All backfilling and grading has been completed, and the currently approved bond <br />amount is $35,000.00. Rockcastle has complied with Section VIII, Pazt 4 of the <br />Agreement. <br />f:\clients\ 1947.1 \addendum.001 <br />4 <br />