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<br />ROCKCASTLE/CMLRD DRAFT AGREEMENT <br />PMH&S DRAFT 6/6/90 <br />I. INTRODUCTION <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 Permit <br />No. C-81-039 (the "Permit") issued by the Colorado Mined Land <br />Reclamation Division (the "Division") pursuant to the Colorado <br />Surface Coal Mining Reclamation Act, 34-33-101 ~. sea., (the <br />"Act") <br />2. WHEREAS, Rockcastle desires to conduct reclamation <br />activities at the Grassy Gap Mine pursuant to the Act and the terms <br />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 C- <br />90-007; <br />4. WHEREAS, the Division has the requisite authority to <br />enter into this Agreement pursuant to the Act; and, <br />5. WHEREAS, this Agreement is necessary to achieve timely <br />and adequate reclamation at the site. <br />NOW, THEREFORE, Rockcastle and the Division agree as follow: <br />