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(1) Rockcastle will evaluate existing sediment controls and <br />design additional sediment control measures as necessary for areas designated <br />in NOV C-89-034 which are not removed pursuant to 4 IV(3) above. The Division <br />shall grant small area exemptions to Rockcastle from sediment control <br />requirements provided the requirements of 2 CCR 407-2, Rule 4.05.2(3) are <br />met. Rockcastle will install additional sediment control facilities at the <br />Grassy Gap site only for areas where an exemption under 2 CCR 407-2, <br />Rule 4.05.2(3) is unavailable. Rockcastle may install sediment control <br />facilities other than sediment ponds pursuant to 2 CCR 407-2, Rule 4.05.2. <br />Rockcastle will modify existing sediment control structures only where the <br />existing sediment control facilities are inadequate and where these areas do <br />not qualify for exemptions under 2 CCR 407-2, Rule 4.05.2(3). <br />4. Within 30 days of completion of backfilling and grading activities <br />specified in paragraph II(1) Rockcastle will prepare a postmining topography <br />map and approximate original contour study for disturbed portions of Pits 1, <br />2, 3, and 4. This study will be submitted to the Division by Rockcastle to <br />support an application for the release of backfilling and grading reclamation <br />liability at the site under § IX of this Agreement. <br />5. The Division and Rockcastle agree that studies submitted by <br />Rockcastle to the Division pursuant to §§ II, III and IV of this agreement <br />shall be reviewed by the Division under reasonable timeframes not to exceed <br />twenty days. <br />-7- <br />