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<br />ROCKCASTLE/CMLRD DRAFT AGREEMENT <br />PMH&S DRAFT 6/6/90 <br />at the Grassy Gap Mine and that the surface landowner has requested <br />that these roads remain after site reclamation. Haul roads shall <br />be downgraded to a 20' width unless Rockcastle's demonstrates that <br />a greater width is necessary to facilitate the approved postmining <br />land use or such greater width is requested by the surface <br />landowner. Rockcastle and the Division agree and acknowledge that <br />reclamation activities described in $ IV(2) may result in decreases <br />in road width. <br />2. That sediment Ponds 2, 3 and 5/6 and the drainage controls <br />associated with these ponds will be removed upon submission of a <br />technical report demonstrating that the disturbed areas controlled <br />by the ponds meet the criteria of 2 CCR 407-2, Rule 4.05.2. <br />a. Alternatively, the Division and Rockcastle agree <br />that Rockcastle may retain sediment Ponds 2, 3, 4, and 5/6 as <br />permanent impoundments after final site reclamation as stockwater <br />ponds in support of the postmining land use if Rockcastle submits <br />information to the Division pursuant to 2 CCR 407-2, Rule 4.05.9(1) <br />demonstrating that Ponds 2, 3, 4, and 5/6 are appropriate as <br />permanent impoundments. <br />IV. ENGINEERING STUDIES -- Rockcastle will conduct the following <br />engineering studies to assess whether certain aspects of the <br />4 <br />