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I. <br />1. WHEREAS The Rockcastle Company ("Rockcastle") is a <br />Florida Corporation which conducted surface coal mining and <br />reclamation operations at the Grassy Gap Mine pursuant to <br />Permit No. C-81-039 (the "Permit") issued by the Colorado Mined <br />Land Reclamation Division (the "Division") pursuant to the Colorado <br />Surface Coal Mining Reclamation Act, 34-33-101 g~ sea., (the <br />"Act") <br />i <br />2. WHEREAS Rockcastle and the Division desire to conduct <br />reclamation activities at the Grassy Gap Mine pursuant to the Act <br />and the terms of the Permit; <br />3. WHEREAS Rockcastle and the Division desire to fully <br />resolve and settle Notices of Violation ("NOV") C-89-034 and <br />C-90-007; <br />4. WHEREAS Rockcastle desires to minimize and eliminate, to <br />the maximum extent possible, its existing and potential reclamation <br />liabilities under Permit No. C-81-039 and the Act for the Grassy <br />Gap Mine; <br />5. WHEREAS the Division has the requisite authority to enter <br />into this Agreement pursuant to the Act; and, <br />6. WHEREAS, (CMLRD to suggest such recitals as it believes <br />are necessary to eliminate potential precedent and policy issues.) <br />NOW THEREFORE Rockcastle and the Division agree as follows: <br />II. GRASSY GAP MINE SITE RECLAMATION ACTIVITIES -- Rockcastle <br />agrees to undertake the following reclamation activities at the <br />Grassy Gap Mine: <br />