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. and acknowledge that•clamation activities contemplated in 3 IV(2) may result <br />in decreases in road width. <br />2. a. That sediment Ponds 2, 3 and 5/6 and the drainage controls <br />associated with these ponds may be removed upon submission of a technical report <br />demonstrating that the disturbed areas controlled by the ponds meet the criteria <br />of 2 CCR 407-2, Rule 4.05.2. <br />/b. Alternatively, the Division and Rockcastle agree that <br />Rockcastle may retain sediment Ponds 2, 3, 4 and 5/6 as permanent impoundments <br />after final site reclamation as stockwater ponds in support of the postmining <br />land use if Rockcastle submits information to the Division pursuant to 2 CCR 407- <br />2, Rule 4.05.9(1) demonstrating that Ponds 2, 3, 4, and 5/6 are appropriate as <br />permanent impoundments. <br />• IV. ENGINEERING STUDIES -- Rockcastle will conduct the following engineering <br />studies to assess whether certain aspects of the reclamation activities will <br />conform to the standards of the Act. Rockcastle will implement such additional <br />reclamation measures based upon the results of each respective study as follows: <br />I. The Division and Rockcastle agree that backfilling and grading of <br />Pits 5 and 6 occurred before approval of the Permit. The parties agree that <br />minor variations exist between the postmining topography as proposed in they <br />Permit and the existing postmining topography in parts of Pits 5 and 6. <br />Rockcastle will complete an engineering study identifying geotechnically and <br />geomorphically unstable areas of Pits 5 and 6 which do not conform to the <br />-5- <br />