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amount of remedial reclamation measures, and Pittston will reclaim that <br />alternate site in lieu of reclamation of the site for which access has been <br />denied. If forced by circumstances beyond its control to reclaim an <br />alternate site instead of a site listed on Exhibifs E and F, Pittston will be <br />considered by OSM to have resolved the problem specified on Exhibifs E <br />and F "to the satisfaction of the regulatory authority, department, or <br />agency which has jurisdiction over such violation," pursuant to § 510(c) <br />of SMCRA, 30 U.S.C. § 1260(c). <br />Z1. Any reclamation required under this Agreement may be <br />performed under or as a part of a plan to mine or re-mine the property <br />where the work is to be performed, but Pittston shall obtain all necessary <br />permits before it conducts any such mining operations. <br />22. Pittston and any person or entity related by ownership or <br />control to Pittston shall, as required by law ar regulation, include the <br />permits and purported contractors on Earhibit A on any state or federal <br />surface mining permit applied for in the future, or now pending before a <br />permitting authority. <br />23. The failure of OSM at any time to demand performance of any <br />requirement herein shall not affect OSM's right to compel full <br />- Page Number 21 - <br />~~~~ <br />