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JOINT SETTLEMENT AGREEMENT <br />The Mined Land Reclamation Div ision ("the Division") and the Rockcastle <br />Company ("Rockcastle"), through their attorneys, enter into this settlement <br />agreement on January 3, 1985, to resolve issues related to the permit for the <br />Grassy Gap No:-t->~oaT-Mihe: 'The conditions set forth below shall be <br />requirements of Permit No. C-039-81. <br />The parties agree as follows: <br />A. Information and commitments submitted by Rockcastle subsequent to <br />November 16, 1984, have satisfied proposed stipulations 1 through 9. <br />Specific commitments and submittals are listed below: <br />1. Rockcastle will clean out the sediment from Pond 4 when the <br />sediment level reaches the 7,512 ft. level mark on a staff gauge. <br />2. Rockcastle will register the pit 5/6 sediment pond with the <br />Colorado Department of Water Resources. This form will be <br />submitted to CMLRD prior to final bond release. <br />3. Rockcastle will monitor surface water sites SW1, SW2, SW4, SW1, and <br />SWS on a monthly basis during the active mining phase, when water <br />is present and when the applicant can physically reach the sites <br />and collect samples. If weather conditions, and/or adverse site <br />conditions prevent access to those sites, the applicant will not <br />sample. Rockcastle will field monitor the above surface water <br />sites for temperature, pH, conductivity, dissolved oxygen and <br />visual flow observations. Flow readings will be taken from the <br />weir at site SW4 when available. <br />Rockcastle will attempt to collect samples from each of these sites <br />once during each year in response to a storm event. These analyses <br />will be taken only during the active mining phase. The sites will <br />be field monitored for temperature, pH, conductivity and dissolved <br />oxygen and be submitted for analysis of the parameters listed below. <br />Alluvial well MW2 will be monitored monthly during the active <br />mining phase for water level, pH, conductivity, and temperature. <br />If weather or field conditions prohibit access to the sites, they <br />will not be monitored. Water samples from well MW2 will be <br />collected semi-annually and analyzed for the parameters listed <br />below. The semi-annual samples will be collected from the alluvial <br />wells in response to spring snowmelt and to a storm event. <br />