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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 <br />the Colorado Mined Land Reclamation Division (the "Division)" pursuant to the <br />Colorado Surface Coal Mining Reclamation Act, 34-33-101 et seq., (the "Act"); <br />2. WHEREAS Rockcastle desires to conduct reclamation activities at the <br />Grassy Gap Mine 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 C-90-007; <br />4. WHEREAS the Division has the requisite authority to enter into this <br />Agreement pursuant to the Act; and, <br />5. WHEREAS, this Agreement is necessary to achieve timely and adequate <br />reclamation at the site. <br />-2- <br />