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L _ <br />b. The capacity of the Caterpillar 657E Scraper; <br />c. The net productivity and ,)ob efficiency of a single Caterpillar <br />657E Scraper used in the backfilling operation from the overburden <br />stockpile to the 720 pit and Pit 1; <br />d. Road maintenance and auxiliary lighting; <br />e. The fleet size and project duration. <br />7. The recalculation of the reclamation cost based on the areas of <br />agreement set forth in paragraph 6 results in a direct and indirect <br />cost estimate of E5,500,000 for the area disturbed as of the date of <br />this Settlement Agreement. Any activity resulting in additional <br />surface disturbance other than that currently approved for Pit 1 will <br />require a review of the adequacy of the reclamation bond. If the <br />existing bond agreed to under this Settlement Agreement is not adequate <br />to cover the additional surface disturbance, additional bond will be <br />required to be posted in accordance with Rules 3.02.1 and 3.02.2 of the <br />Regulations of the Mined Land Reclamation Board for Coal Mining ("the <br />regulations"). <br />8. Nothing in this Settlement Agreement shall be construed to preclude the <br />Division from exercising its responsibility under CRS 1973, as amended, <br />34-33-113(5). <br />9. Based on the recalculation of reclamation cost estimate, Kerr and the <br />Division agree that the appropriate amount of bond to be posted for the <br />Marr Strip Mine for the activity described in 7) above is 55,500,000. <br />10. Pursuant to Rule 3.02.1 and Rule 3.02.2 of the regulations and <br />CRS 1973, as amended, 34-33-113(1), Kerr will post with the Division a <br />total reclamation bond of E5,500,000, payable *.o the State of Colorado <br />and the United States within 60 days of the date of this Settlement <br />Agreement. <br />~- <br />ate av a ton, rector <br />MINED LANG RECLAMATION DIVISION <br />alas/s? <br />ae <br />a s aoper, ce res n <br />KE COAL COMPANY <br />The above Settlement Agreement is approved: <br />Mined land Reclamation Board <br />STATE OF COLORA00 <br />Z~a s"/Q <br />at <br />av s C. Holder, Ch an <br />Mined Land Reclamation Board <br />