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1. The Division and Rockcastle agree that backfilling and grading of <br />Pits 5 and 6 occurred before approval of the Permit. The parties agree that <br />minor variations exist between the postmining topography as proposed in the <br />Permit and the existing postmining topography in parts of Pits 5 and 6. <br />Rockcastle will complete an engineering study assessing the degree to which <br />those areas vary from AOC as well as the geotechnical and geomorphic stability <br />of those areas of Pits 5 and 6 which do not conform to the approved postmining <br />topography. Rockcastle will implement such appropriate additional reclamation <br />measures as are necessary to stabilize nonconforming areas of Pits 5 and 6 <br />pursuant to 2 CCR 407-2, Rule 4.14.2(1). This work needs to be completed <br />before any bond monies are released. <br />2. Rockcastle will reassess the geotechnical stability of the <br />potential slope failure area adjacent to the haul road to Pit 4. Rockcastle <br />will implement appropriate reclamation measures to the extent necessary to <br />stabilize mass movement features related to the haul road to Pit 4 only in <br />those areas that are not stable. This work may involve importation of <br />material. <br />3. To the extent possible, Rockcastle will remove culverts and other <br />drainage and sediment controls upon completion of the re vegetation <br />demonstration described in § III(2). <br />a. Any sediment control measures designated in NOV C-89-034 <br />which are not removed pursuant to § IV(3) above will be subject to the <br />following conditions: <br />-6- <br />