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8. WHEREAS, December 14, 1989 the Mined L~ Reclamation Board (the <br />"Board") issued an order requiring Rockcastle to supplement its performance bond <br />by submitting an additional 5125,320 bond; <br />9. WHEREAS, the December 14, 1989 Board Order is final agency action <br />of which Rockcastle has not sought judicial review and the time in which to do <br />so has expired; <br />10. WHEREAS, Rockcastle has not posted an additional bond as ordered by <br />the Board, and now proposes to promptly reclaim the Site in lieu of posting such <br />additional bond; and <br />11. WHEREAS, it is beneficial to the State to have Rockcastle reclaim <br />the property. <br />NOW THEREFORE Rockcastle and the Division agree as follows: <br />II. GRASSY GAP MINE SITE RECLAMATION ACTIVITIES -- Rockcastle agrees to <br />undertake the following reclamation activities at the Grassy Gap Mine: <br />f 1. a. Backfill and grade Pit 4 utilizing material in the overburden <br />stockpile in accordance with specifications set forth on pages IV-3 to IV-5 of <br />the approved Grassy Gap Reclamation Plan as embodied in the Permit (the ~ <br />"Reclamation Plan"). <br />-2- <br /> <br />