PERMFILE109687

• Permit No: C1981039
• IBM Index Class Name: Permit File
• Doc Name: Rockcastle Pit 4 10/16/91
• Section_Exhibit Name: Reclamation Project Binder
• Media Type: D
• Archive: No

III'llllllllllll III Doc Date:12/11/2001
PARCEL, MAURO, HULTIN & SPAANSTRA, P. C.
ATTORNEYS AT LAW

DEAN R. MAS SEY
Mr. Steve Renner
Colorado Mined Land
1313 Sherman Street
Suite 215
SUITE 3600
1601 CALIFORNIA STREET
DENVER COLORADO 80202-2636
TELEPHONE [phone]
TE>_ECOPIER 13 031 28 5-3 040
October 16, 1991
Reclamation Division
Denver, Colorado 80203
Re: The Rockcastle Company
Dear Mr. Renner:
n~~~~~~~
OCT 1 6 1991
Mined Land
Reclamation Division
DIRECT DIAL
[phone]
On June 26, 1990, our client, The Rockcastle Company entered into an alternative
enforcement agreement with your office ('"The Agreement"). That Agreement set forth the
reclamation obligations to be performed by Rockcastle and contemplated a schedule of
sequenced bond releases/reductions following completion of the specified reclamation tasks.
Following execution of the Agreement, Rockcastle, through its contractor Native Excavating,
completed bac)dilling, topsoiling and reseeding activities for the primary disturbance in Pit
4 along with certain other required site reclamation work. Following a partial bond
release/reduction which became final on November 13,1990, Rockcastle formally requested
a bond release/reduction on November 30, 1990. This request covered completion of
backfilling, grading and topsoiling at Pit 4, reseeding activities at Pit 4 and road buttress
installation. Since that time, interference by the U.S. Office of Surface Mining and
disagreements with your staff over administrative requirements have delayed completion of
site reclamation and further bond releases.
In a recent meeting with you and your staff, Rockcastle has reiterated its intent to
comply fully with the terms of the agreement and expressed its reservations regarding the
ability and intent of your office to implement its obligations as contemplated in the
Agreement. In the course of that meeting, those concerns were addressed to our
satisfaction. As suggested in the letter from Dave Barry received on September 19, 1991,
Rockcastle would like to establish a basis for a comprehensive resolution of all issues
related to the completion of its obligations under the Agreement and the release of the
financial warranty in accordance with the terms of the Agreement. This letter is intended
to summarize the status of the outstanding issues and establish a framework of
understanding regarding the resolution of each issue and resultant expectation regarding
bond release.