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V. BOND RELEASE PROCEDURES AND AMOUNTS -- Rockcastle and the Division <br />agree that Rockcastle will request a prospective bond release for all <br />backfilled and graded areas and for all site reclamation activities, including <br />revegetation to be completed at the Grassy Gap site under this Agreement in <br />accordance with Rules 3.03 and 4.15. The bond release request in the form <br />attached as Attachment A will be submitted to the Division concurrently with <br />execution of this Agreement. Attachment A is incorporated into this Agreement <br />by this reference. <br />1. The Division will propose a decision on bond release on a monthly <br />basis pursuant to the procedures of 2 CCR 407-2, Rule 3.03.2, following site <br />inspection and/or review of records describing completed reclamation <br />activities which may be submitted by Rockcastle. The amount of any proposed <br />release will be based upon the amount of material returned to Pit 4 and any <br />other reduction in bond liability as set forth in this Agreement; and, <br />2. Rockcastle shall engage an <br />a, independent, licensed surveyor to perform a survey of the <br />site adequate to determine the total number of cubic yards of overburden and <br />topsoil material to be returned to Pit 4. Based on such survey, the Division <br />shall determine "total yards" for purposes of determining the "per yard <br />amount". The "per yard amount" shall equal $464,164 divided by the "total <br />yards". <br />-8- <br />