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Attachment 1 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />IN THE MATTER OF COTTER CORPORATION (N.S.L.), SCHWARTZWALDER MINE, <br />PERMIT No, M- 1977 -300 <br />AGREEMENT BETWEEN THE COLORADO DIVISION OF RECLAMATION, MINING <br />AND SAFETY AND COTTER CORPORATION (N.S.L.) <br />THIS AGREEMENT ( "Agreement ") is made and entered into by and between the <br />Colorado Division of Reclamation, Mining and Safety ( "DRMS ") and Cotter Corporation <br />(N.S.L.) ( "Cotter ") (jointly as "Parties "). Undersigned counsel, on behalf of their respective <br />Parties, submit this Agreement for consideration by the Mined Land Reclamation Board <br />( "Board "). In support of their joint stipulation, DRMS and Cotter state the following: <br />Recitals <br />A. On September 18, 2012, the Board ordered a modification of an August 11, 2010 <br />order ( "August 2010 Order "), entitled Findings of Fact, Conclusions of Law, and Order, In The <br />Matter of Cotter Corporation's Possible Violations, Cease and Desist Order, Corrective Actions, <br />and Civil Penalties, File No. M -1977 -300 relating to Notice of Violation ( "NOV ") No. MV- <br />2010 -018 ( "September 2012 Modification Order "). Among other changes, the September 2012 <br />Modification Order replaced the words on page nine (9), paragraph two (2) of the August 2010 <br />Order, stating "but no later than August 31, 2010" with "but no later than March 31, 2013." <br />B. The Parties agree that Cotter needs additional time to satisfy the requirements of <br />page nine (9), paragraph two (2) of the August 2010 Order, as modified by the September 2012 <br />Modification Order. <br />NOW, THEREFORE, for and in consideration of the mutual promises and undertakings <br />set forth herein, the Parties agree as follows: <br />Agreement <br />The Parties will request the Board at the March 13, 2013 Board meeting to modify the <br />September 2012 Modification Order so that the words on page nine (9), paragraph two (2) of the <br />August 2010 Order, stating "but no later than March 31, 2013" be replaced with "but no later <br />than July 29, 2013," A proposed order is attached as Attachment 1. No other provisions of the <br />September 2012 Modification Order are being modified. <br />1643953.1 <br />