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default provision set forth in paragraph 3.a. above. RMCC shay, be : eleased by the C?TY <br />trom any further consnucuon obligation associated with such "side channel depression'' <br />for Cel] #1. <br />4. The approved Reclamation Plan and MLRB Permit require R'VICC to install a <br />"depression in dike and certain overflow pipes on the earthen structure that will separate Cell ° 1 from <br />Cell # 2 on the Bromley Lakes Property when mining in Cell # 2 is completed. See Exhibit C for the sole <br />purpose of ascertaining the intended location of the "depression in dike" between Cell #l and Cell #2. <br />RMCC shall install the "depression in dike'' and overt7ow pipes consistent with its obligation in the <br />MLRB Permit, the UDFCD Guidelines, and The outcome of the consultation required as a condition of <br />Section 3 of this Agreement. <br />a. The CITY shall permit RMCC all reasonable and necessary access to those portions of <br />Cell # 1 upon which the depression in dike and overflow pipes will be located. <br />b. The parties shall conclude the consultation contemplated herein within forty-five (4S) <br />days of the effective date of this Agreement. In the event the parties disagree as to the <br />final design of the "depression in dike" and certain overflow pipes, the parties will abide <br />by UDFCD's determination as to such design and RMCC shall construct the "depression <br />in dike" and certain overflow pipes consistent with the UDFCD design criteria. <br />c. RMCC shall install the "depression in dike" and certain overflow pipes within sixty (60) <br />days of completion ofmining in Cell #2. <br />d. In the event that RMCC properly installs the "depression in dike" and certain overflow <br />pipes in Cell #1 in conformance with any technical specifications therefor to which the <br />CITY, RMCC and UDFCD agree, as derived from the UDFCD Guidelines, or pursuant to <br />the UDFCD default provision set forth in paragraph 4.b. above, RMCC shall be released <br />by the CITY from any futther construction obligation associated with such "depression in <br />dike" and certain overflow pipes for Cell #1. <br />5. The approved Reclamation Plan requires the revegetation of areas disturbed by mining in <br />Cell # 1, including seeding and the planting of trees by RMCC. The CITY shall assume responsibility for <br />reveQetating the upland areas in Cel] # 1. subiect to the reimbursement of costs therefor by RMCC as <br />provided herein RMCC agrees to calculate the cost it would have incurred to properly revegetate the <br />upland areas in Cell # 1 in conformance with the MLRB permit, including a designation of the kinds and <br />amounts of seeding, grasses, plant matena an trees, an to provide the CITY a copy of the written cost <br />calculation. The CITY will have twenty (20) calendar days thereafrer to review the cost calculation <br />provided by RMCC. Upon the CITY's acceptance of the cost calculation, which acceptance shall not be <br />unreasonably withheld, RMCC shall issue and deliver payment to the CITY in full, at which time <br />RMCC's obligation to revegetate the upland area around Cell # 1 will cease. <br />a. The N1LRB Permit acreage reduction contemplated in this Agreement, and RMCC~s <br />agreement to calculate and remit to the CITY funds in the amount equal to what RMCC <br />would otherwise be required to expend on revegetation in Ce1I ~' 1 under the MLRB <br />Permtt serves as an agreement between the CITY and RMCC to ensure that reveeetadon <br />of the mine stte under the terms of the Bnghton Parks Department Master Plan will <br />commence prior to the completion ofmining on the Bromley Lakes Propem'. <br />