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ROCKCASTLE/CMLRD <br />DRAFT AGREEMENT <br />5/30/90 <br />5/6 are appropriate as permanent impoundments. The Division and <br />Rockcastle agree that Pond 3 has been approved as a permanent <br />impoundment. <br />IV. ENGINEERING STUDIES -- Rockcastle will conduct the following <br />engineering studies to assess whether certain aspects of the <br />reclamation activities will conform to the standards of the Act. <br />Rockcastle will implement such additional reclamation measures as <br />may be mutually agreed upon by Rockcastle and the Division based <br />upon the results of each respective study as follows: <br />1. The Division and Rockcastle agree that backfilling and <br />grading of Pits 5 and 6 occurred before approval of the Permit. <br />The parties agree that minor variations exist between the post- <br />mining topography as proposed in the Permit and the existing post- <br />mining topography in parts of Pits 5 and 6. Rockcastle will <br />complete an engineering study assessing the geotechnical and <br />geomorphic stability of those areas of Pits 5 and 6 which do not <br />conform to the approved post-mining topography. Rockcastle will <br />implement such appropriate additional reclamation measures as are <br />mutually agreed by the parties to be necessary to stabilize non- <br />conforming areas of Pits 5 and 6 pursuant to 2 CCR 407-2, Rule <br />4.14.2(1). <br />2. Rockcastle will reassess the geotechnical stability of <br />the potential slope failure area adjacent to the haul road to <br />Pit 4. Rockcastle will implement appropriate reclamation measures <br />to the extent necessary to stabilize mass movement features related <br />to the haul road to Pit 4 only in those areas that Rockcastle and <br />CMLRD mutually agree to be geotechnically unstable. <br />-4- <br />