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DRAFT ATTACPJI~IENT 1 FINDINGS FOR TI;~ GRASSY GAP MINE ROCKCASTLE COAL COMPANY C-81-039 1. Backfilling and grading of Pit 4 has been completed. This was verified by numerous site inspections. Final pit configuration is as represented on Map R-1 which was derived from an aerial photograph dated 10/16/90. Rockcastle has complied with Section Ii, Part la of the Agreement. 2. Rockcastle left no excess or permanent overburden material at the site. All such materials were utilized in the reclamation process. Section II, Part lb of the Agreement is therefore irrelevant to whether Rockcastle has complied with the terms of the Agreement. 3. Rockcastle submitted no information to the Division which demonstrates insufficient overburden material to achieve approximate original contour ("AOC") in Pit 4 because sufficient material was available to achieve AOC. This was documented in an Apri125, 1991 letter from the Division to Rockcastle. Section II, Part lc of the Agreement is therefore irrelevant to whether Rockcastle has complied with the terms of the Agreement. 4. Rockcastle imported no fill material for the purposes of backfilling pits 4, 5 or 6. Rockcastle has complied with Section II, Part ld of the Agreement. 5. Rockcastle submitted Appendix C to the Division on October 16, 1991 verifying topsoil depths established for Pit 4. Mean topsoil replacement depth for Pit 4 was 21 inches. Rockcastle has complied Section II, Part 2 of the Agreement. 6. The majority of Pit 4 was reseeded in 1989 using the approved seed mix as indicated by seed tags submitted by Rockcastle to the Division on October 16, 1991. The seed mix is that described on page IV-12 of the Permit, excluding some trace species shown in the Table and the inclusion of winter rye. Winter rye was added as a cover crop to help control erosion until the permanent perennial species become established. Qualitative evaluation of the seeding conducted during the summer of 1492 confirms perennial species aze established over Pit 4, excluding the small azea revegetated around Pond 4 in 1992. Seed tags were submitted on November 20, 1992 for the areas neaz Pond 4 seeded in 1992. By fall of 1992, sprouting winter rye was observed during site inspections. Rockcastle has complied Section II, Part 3 of the Agreement.