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<br />ROCKCASTLE/CMLRD DRAFT AGREEMENT <br />PMH~S DRAFT 6/6/90 <br />is sufficient to provide for site maintenance and to complete all <br />remaining reclamation activities at the site contemplated in the <br />Reclamation Plan pursuant to the criteria in $ 34-33-113, C.R.S. <br />VI. CONVERSION OF CURRENT RECLAMATION BOND -- Prior to commencing <br />reclamation activities under this Agreement, Rockcastle shall <br />replace its current $446,680 reclamation bond in the form of a <br />letter of credit with a collateral bond in the form of cash, <br />negotiable bonds or certificates of deposit acceptable to the <br />Division pursuant to 2 CCR 407-2 Rule 3.02.4(2)(c). <br />VII. BOND FORFEITURE -- Upon completion of the reclamation <br />activities required pursuant to $ II, III and IV of this Agreement, <br />Rockcastle will voluntarily forfeit the remaining $50,000 of the <br />performance bond. The forfeited funds shall be available to the <br />Division for the completion of the remaining reclamation and <br />maintenance requirements at the site. The $50,000 bond amount is <br />a good faith estimate of the reclamation and maintenance costs over <br />the liability period. Bond forfeiture shall be conducted pursuant <br />to Rule 3.04. Following forfeiture of the bond Rockcastle and <br />persons who own or control Rockcastle will be entered in the <br />Applicant Violator System. <br />VIII. LIMITATION OF LIABILITY FOR CIVIL AND CRIMINAL PENALTIES -- <br />10 <br />