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NOW THEREFORE Rockcastle and the Division agree as follows: <br />II. GRASSY GAP MINE SITE RECLAMATION ACTIVITIES -- Rockcastle agrees to <br />undertake the following reclamation activities at the Grassy Gap Mine: <br />1. Backfill and grade Pit 4 utilizing material in the overburden <br />stockpile in accordance with specifications set forth in the approved <br />Grassy Gap Reclamation Plan as embodied in the Permit (the "Reclamation Plan"1. <br />a. If additional overburden material remains in the overburden <br />stockpile after completion of backfilling and grading activities, and <br />additional remediation activities and after demonstration of AOC, Rockcastle <br />may leave such additional overburden material in the overburden stockpile upon <br />submission of a technical report demonstrating that the permanent stockpile <br />material will comply with 2 CCR 407-2, Rule 4.14.2 and 4.04. <br />2. Replace a minimum of 12 inches of topsoil on disturbed portions of <br />Pit 4 in accordance with the specifications set forth in the Reclamation Plan. <br />3. Reseed disturbed portions of Pit 4 in accordance with the <br />specifications set forth in the Reclamation Plan. All reseeding activities <br />under this Agreement shall use Seed Mix #3 -- Primary Reclamation, described <br />on page IV-12 of the Permit. <br />-3- <br />