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ROCKCASTLE/CMLRD <br />DRAFT AGREEMENT <br />5/30/90 <br />1. Backfill and grade Pit 4 utilizing material in the <br />overburden stockpile in accordance with specifications set forth <br />in the approved Grassy Gap Reclamation Plan as embodied in the <br />Permit (the "Reclamation Plan"). <br />a. If additional overburden material remains in the <br />overburden stockpile after completion of backfilling and grading <br />activities, Rockcastle may leave such additional overburden <br />material in the overburden stockpile upon submission of a technical <br />report demonstrating that the stockpile material will achieve <br />geotechnical and geomorphic stability standards contained in 2 CCR <br />407-2, Rule 4.14.2. <br />2. Replace a minimum of 12 inches of topsoil on disturbed <br />portions of Pit 4 in accordance with the specifications set forth <br />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 <br />activities under this Agreement shall use Seed Mix ~3 -- Primary <br />Reclamation, described on page IV-12 of the Permit. <br />4. Remove the shop building adjacent to Pit 4 and retopsoil <br />and reseed the shop and yard areas. Rockcastle will recontour the <br />shop and yard area fill pad as necessary to achieve approximate <br />original contour criteria of 2 CCR 407-2, Rule 4.14.2. <br />5. Undertake such additional reclamation measures as may be <br />mutually agreed upon by Rockcastle and the Division based upon the <br />results of engineering studies conducted by Rockcastle under § IV <br />-2- <br />