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ROCKCASTLE/CMLRD <br />DRAFT AGREEMENT <br />5/30/90 <br />3. To the extent possible, Rockcastle will remove culverts <br />and other drainage and sediment controls upon completion of the <br />revegetation demonstration described in $ III(2). <br />a. Any sediment control measures designated in NOV C- <br />89-034 which are not removed pursuant to $ IV(3) above will be <br />subject to the following conditions: <br />(1) Rockcastle will evaluate existing sediment <br />controls and design additional sediment control measures as <br />necessary for areas designated in NOV C-89-034 which are not <br />removed pursuant to § IV(3) above. The Division shall grant small <br />area exemptions to Rockcastle from sediment control requirements <br />pursuant to 2 CCR 407-2, Rule 4.05.2(3) following submission of <br />information by Rockcastle sufficient to support such an exemption. <br />Rockcastle will install additional sediment control facilities at <br />the Grassy Gap site only for areas where an exemption under 2 CCR <br />407-2, Rule 4.05.2(3) is unavailable. Rockcastle may install <br />sediment control facilities other than sediment ponds pursuant to <br />2 CCR 407-2, Rule 4.05.2. Rockcastle will modify existing sediment <br />control structures only where the existing sediment control <br />facilities are clearly demonstrated to be inadequate and where <br />these areas do not qualify for exemptions under 2 CCR 407-2, Rule <br />4.05.2(3). <br />4. Within 30 days of completion of backfilling and grading <br />activities specified in paragraph II(1) Rockcastle will prepare a <br />post-mining topography map and approximate original contour study <br />for disturbed portions of Pits 1, 2, 3, 4, 5 and 6. This study <br />will be submitted to the Division by Rockcastle to support the <br />release of backfilling and grading reclamation liability at the <br />-5- <br />