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_~ • • MODIFICATION TO AGREEMENT Whereas, the Colorado Division of Minerals and Geology ("the Division") is party to an Agreement with The Rockcastle Company ("Rockcastle") dated June 26, 1990 ("the Agreement"); and Whereas, the Agreement contemplated that the Division would retain $50,000 ("the retained bond amount") following the voluntary bond forfeiture and that such funds would be available to the Division for the completion of reclamation and maintenance requirements at the Site; and Whereas, on August 26, 1992 the Agreement was modified to change the retained bond amount to $25,000; and Whereas, the Division has proposed and Rockcastle has agreed that the retained bond amount should be modified to provide for noxious weed control at the Site; and Whereas, the Division has reviewed this modification in light of the current reclamation requirements at the site and has determined that the retained bond amount, as set forth below, is an amount that reflects good faith estimate of the reclamation and maintenance costs over the liability period following the completion of the work contemplated by Rockcastle; Now therefore, Rockcastle and the Division agree as follows: 1. The retained bond amount as set forth in Paragraphs V.2.a., V.S., VII., and VIII.S. shall be $35,000. 2. The parties agree that $10,000 of the retained bond amount shall be earmarked for noxious weed control solely for areas disturbed by mining activity at the Grassy Gap mine and subsequently reclaimed or retained in accordance with the Agreement, as determined by inspection by the Division. The Division shall manage the noxious weed control efforts in accordance with this Agreement and applicable regulations. The $10,000 of the retained bond amount earmarked for noxious weed control shall be available to the Division for such use through October 1, 1994. The Division shall provide Rockcastle with an accounting of the expenditure of the funds for noxious weed control along with the balance of the earmarked funds, if any, no later than November 15, 1994. 3. The parties agree that the remaining $25,000 of the retained bond amount can be utilized at any time, for any other reclamation and maintenance requirements at the Site consistent with the terms of the Agreement and applicable regulations.