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b. Ro~astle may leave overburden m~rial in the overburden <br />stockpile upon submission of a technical report demonstrating that the permanent <br />• stockpile will comply with 2 CCR 407-2, Rule 4.14.2 and 4.09, if overburden <br />material remains in the overburden stockpile after: (1) completion of <br />backfilling and grading activities described in § II(1)(a) above and, (2) after <br />use of any overburden material necessary to perform the reclamation activities <br />required by this Agreement. <br />:~ c. Rockcastle may replace overburden material in Pit 4 pursuant <br />to the provisions of 2 CCR 407-2, Rule 4.14.4 upon submission of information <br />which demonstrates that insufficient overburden is available on site to reclaim <br />Pit 4 to approximate original contour. <br />/ d. Rockcastle shall not be required to import fill material to <br />the permit area to achieve approximate original contour or backfilling and <br />• grading requirements for Pits 4, 5 and 6 under this Agreement. <br />2. Replace a minimum of 12 inches of topsoil on disturbed portions of <br />Pit 4 in accordance with the specifications set forth on pages IV-5 to IV-8 of <br />the Reclamation Plan. If topsoil is unavailable for replacement to a minimum <br />of 12 inches on the disturbed portion of Pit 4, Rockcastle will replace the <br />maximum depth of topsoil which may be achieved by uniform distribution of <br />available topsoil on the disturbed areas of Pit 4. <br /> <br />~Q~~ ~"~~/ 3. Reseed disturbed portions of Pit 4 in accordance with specifications <br />4~~,J set forth on pages IV-8 to IV-16 of the Reclamation Plan. All reseeding <br />-3- <br /> <br />