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- 2 - <br />5. In May 1983, Harrison notified GEC that it would not <br />exercise its option. At no time, did Harrison do any <br />mining at or otherwise materially expand or modify any <br />portion of the permitted area. <br />6. On February 22, 1984, the Board revoked the GEC <br />Minerals permit and ordered GEC to reclaim the mine site <br />pursuant to an approved reclamation schedule. A modi- <br />fied reclamation plan and schedule were subsequently <br />approved by the Board on October 25, 1984. <br />7. Following permit revocation, GEC conducted back- <br />fillinq, grading and drainage control activities at the <br />west Pit. These activities formed the basis of a <br />Phase I bond release for the Harrison performance bond <br />on April 21, 1986. This bond release reduced the <br />Harrison performance bond to $57,200. <br />8. On May 27, 1987, the Board ordered that the <br />performance bond submitted by GEC be forfeited. The <br />Harrison bond pertaining to the West Pit was not ordered <br />forfeited. <br />~ u~ ~~ ~~ <br />9. On April 1992, the Division and Harrison met in <br />the field to survey, map, and mark the area covered by <br />the Harrison performance bond. This area is depicted in <br />Exhibit 1 to this Agreement. <br />10. Harrison wishes to perform reclamation and mainte- <br />nance work at the bonded area to avoid forfeiture and <br />secure release of the bond. <br />11. Pursuant to Rules 3.04.1 and 3.04.2(5), forfeiture <br />may be avoided if the surety assures that reclamation <br />can be accomplished as outlined in the reclamation plan, <br />subject to a compliance schedule. <br />12. A surety performing reclamation in lieu of <br />forfeiture must comply with the applicable portions of <br />the Colorado Surface Coal Mining and Reclamation Act and <br />the Rules and Regulations for Coal Mining. <br />13. The performance bond may be released in accordance <br />with Rules 3.02.3 and 3.03. <br />AGREEMENT AND COMPLIANCE SCHEDULE <br />The Division and Harrison hereby agree as follows: <br />