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V 4. Any sedi~t control measures designated NOV C-89-034 which are <br />not removed pursuant to s III(2) above will be subject to the following <br />• conditions: <br />`~ a. Rockcastle will evaluate existing sediment controls and design <br />additional sediment control measures as necessary for areas designated in NOV <br />C-89-034 which are not removed pursuant to § III(2),(a) above. The Division shall <br />grant small area exemptions to Rockcastle from sediment control requirements <br />provided the requirements of 2 CCR 407-2, Rule 4.05.2(3) are met. Rockcastle <br />may install sediment control facilities other than sediment ponds pursuant to <br />2 CCR 407-2, Rule 4.05. For areas designated in NOV C-89-034 which allegedly <br />lack sediment controls, Rockcastle will install additional sediment control <br />facilities only for areas where an exemption under 2 CCR 407-2, Rule 4.05.2 is <br />unavailable. Rockcastle will modify existing sediment control structures <br />designated in NOV C-89-034 only where these existing sediment control facilities <br />are inadequate and only where areas controlled by these control structures do <br />not qualify for exemptions under 2 CCR 407-2, Rule 4.05.2(3). <br />~~ J 5. Within 30 days of completion of backfilling and grading activities <br />~ specified in s II or as soon thereafter as weather permits, Rockcastle will <br />prepare a postmining topography map and approximate original contour study for <br />disturbed portions of Pits 1, 2, 3, and 4. This study will be submitted to the <br />Division by Rockcastle to support an application for final release of backfillingt <br />and grading reclamation liability at the Site pursuant to 3§ 34-33-113, 125 <br />C.R.S. and s§ V and VIII of this Agreement. <br />-7- <br /> <br />