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<br /> <br />parties each perform reclamation at different portions of the GEC <br />Minerals Site, is awkward, inefficient, difficult to administer, <br />and does not comprehensively resolve the site reclamation issues. <br />6. In order to amicably resolve the various disputes the <br />parties have agreed to enter into this Agreement, the Termination <br />Agreement and the Settlement Agreement. <br />The Division and Corley hereby agree as follows: <br />7. Pursuant to the terms of the Termination Agreement, <br />Harrison will pay the Division eighteen thousand five hundred <br />dollars ($18,500.00). The Division will use those funds to: <br />a. remove the culvert that directs water from the <br />"Unnamed Creek" into the Magpie Diversion and reclaim the distur- <br />bance caused by the culvert and associated trench; <br />b. install two distinct diversions, the first via <br />the excavation of a trench so that drainage from the Unnamed <br />Creek will be routed around the sediment pond that controls run- <br />off from the West Pit, directly into Magpie Creek; the second via <br />a culvert that will be installed to direct the run-off from the <br />West Pit into the sediment pond, as described in a map entitled <br />"West Pit Proposed Diversion" which was filed by Corley with the <br />Division on December 17, 1992; and <br />c. complete reclamation of the area that Harrison <br />was required to reclaim, pursuant to Compliance Agreement, which <br />area is more fully described in § 15 of the Compliance Agree- <br />ment, and Exhibit A thereto. <br />8. The parties recognized that the map described in the <br />section (b) of the preceding paragraph does not represent an en- <br />gineered design. The Division agrees to implement the drainage <br />patte the "Unnamed Creek" contained in the map, but may <br />exercise it judgment, as advised by appropriate engineering <br />input, as to the design of the diversion. The Division will pro- <br />vide Corley with a copy of the specifications for the work to be <br />performed and will allow Corley an opportunity to comment on the <br />proposed design before the Division accepts bids from potential <br />contractors to perform the work. <br />9. The Division shall use the balance of the $18,500.00, <br />if any, following the completion of the tasks described in the <br />preceding paragraph to reclaim other areas within the GEC Min- <br />erals, Inc. permit boundary. <br />-2- <br />