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PARCEL, MAUBO, HITLTIN & SPAANSTBA, P. C. <br />• ATTORNEYS AT LAW <br />SUITE 3600 <br />IBOI CALIFORNIA STREET <br />DENVER, COLORA00 60202-2636 <br />TELEPHONE (303)292-6400 <br />DEAN R. MASSEY TELECOPIER (303)295-3040 DIRECT DIAL <br />(303) 293-6509 <br />August 26, 1992 <br />Mr. Steve Renner <br />Mr. Kent Gorham <br />Division of Minerals and Geology <br />1313 Sherman Street <br />Suite 215 <br />Denver, Colorado 80203 <br />Re: The Rockcastle Company <br />Modification of the June 26, 1990 Agreement <br />Gentlemen: <br />• The Agreement between the Colorado Mined Land Reclamation Division and the <br />Rockcastle Company dated June 26, 1990 (the "Agreement") contemplates the sequential <br />release of reclamation bond funds as the reclamation work at the site is completed. <br />Pursuant to Paragraph V.S., the Division is to retain $50,000 as a performance bond upon <br />completion of the reclamation work required by the Agreement. The purpose of the <br />retained amount is to provide an adequate amount of funds to complete all remaining <br />reclamation activities contemplated in the original permit for the liability period. Under <br />Paragraph VII of the Agreement, upon completion of the reclamation activities, Rockcastle <br />would voluntarily forfeit the remaining $50,000 and its obligations under the Agreement they <br />terminated. Under Paragraph VIII.S. the Division reserves its right to seek additional funds <br />in the event that the actual reclamation costs following the voluntary forfeiture exceed the <br />$50,000. <br />As you know, Rockcastle has completed a substantial portion of the reclamation <br />activities under the Agreement and has obtained a series of bond releases since execution <br />of the Agreement. As of this date, the Division retains $94,271 of the original bond. In <br />accordance with my letter of June 21, 1992, Rockcastle has proceeded to obtain bids for the <br />remaining reclamation work at the site. The work contemplated in the bid package includes <br />reclamation work which was specifically required in the Agreement as well as a significant <br />amount of work which has evolved as a result of inspections and a more thorough <br />understanding of the site and the likely reclamation issues. In the course of our meeting, <br />I noted that the low bid for the remaining work was $69,465 and provided you with a copy <br />• of the bid documents. A second copy is enclosed for your records. I also requested that the <br />