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On April 27, 1993, the Division issued a Findings Document regarding resolution of the June 26, 1990, <br />Settlement Agreement. The Findings documented the accomplishments of Rockcastle Coal Company in <br />achieving the required tasks outlined in the Settlement Agreement. The Findings documented that RCC <br />completed backfilling and grading of Pit 4 in accordance with the Settlement Agreement. No excess or <br />permanent overburden was left on site. All remaining overburden was utilized during the reclamation <br />process, in accordance with the Settlement Agreement. Rockcastle Coal Company replaced topsoil on <br />reclaimed Pit 4. The mean topsoil replacement thickness was 21 inches. Topsoil replacement complied <br />with the requirements of the Settlement Agreement. Reclaimed Pit 4 was seeded with the approved seed <br />mix in 1989, with some additional areas near Pond 4 seeded in 1992. Seeding activities were conducted in <br />compliance with the Settlement Agreement. The shop building was removed and the entire shop/yard area <br />was topsoiled and seeded. Rockcastle Coal Company was in compliance with this portion of the Settlement <br />Agreement. The surface landowner upon which the mine's haul/access road and other pit access roads <br />were located at the time of the permit revocation was Bogle Farms. On June 26, 1990, representatives of <br />Bogle Farms requested retention of the pit access roads. Rockcastle Coal Company left the pit access roads <br />in compliance with the Settlement Agreement. As agreed upon, Ponds 4 and 5 were left as stockwater <br />ponds in support of the post-mining land use of rangeland, and were found to meet the requirements of Rule <br />4.05.9(1). Ponds 2 and 3 were reclaimed in accordance with Rule 4.05.2. <br />Rockcastle Coal Company provided engineering studies addressing the stability of reclaimed Pits 5 and 6. <br />Submittal of the engineering studies met one of the requirements of the Settlement Agreement. Rockcastle <br />Coal Company identified unstable portions of Pit 4 haul road, and conducted remedial activities to mitigate <br />these portions of the Pit 4 haul road in accordance with the approved plan. This activity met the <br />requirements of the Settlement Agreement. Rockcastle Coal Company removed all culverts, with the <br />exception of those along Grassy Creek. Culverts were replaced with open channels in accordance with the <br />Settlement Agreement. Ditch repairs and modifications, pond modifications, and pond reclamation were <br />completed by RCC in accordance with the Settlement Agreement. Rockcastle Coal Company provided the <br />Division with a map showing final post-mining topography as required by the Settlement Agreement. <br />Reclamation Following Finalization of Bond Forfeiture <br />Revocation of the Grassy Gap Mine permanent program permit and forfeiture of the associated reclamation <br />bond were initiated by the Division on August 23, 1990. On June 23, 1993, bond forfeiture was finalized. <br />The amount of bond obtained by the Division was $35,000, of which $10,000 was to be assigned to costs <br />related to weed control through October 1, 1994. <br />Following weed control activities conducted at the mine by the Division in 1994, approximately $4,759 of <br />the $10,000 allotted to weed control costs were returned to Rockcastle Coal Company. In 1997, the <br />Division oversaw 1) the removal of trash and tires from the office facilities area, 2) the removal of a 20,000 <br />gallon steel water tank, 3) grading and placement of road base on the main access road, 4) the addition of <br />rip-rap to a permanent ditch, 5) grading pit access roads, 6) re-establishing water-bars on access roads, and <br />7) ripping and seeding several areas at the mine. In 1999, the Division oversaw 1) the cutting of a vertical <br />riser on the Pond 4 primary spillway to allow pond dewatering, 2) the installation of California crossings on <br />the access road to Pit 4, 3) the installation of a California crossing on the access road to Pits 2 and 3, and 4) <br />the repair of a ditch along the access road to Pits 2 and 3. Remaining bond monies after the 1999 work were <br />approximately $1,062. In 2005, the Division contracted for additional weed control. The Division was <br />billed approximately $1;020. Additional weed control was conducted in 2006. The final bill for the 2006 <br />weed control was $42. The table below documents these bond forfeiture expenditure amounts: <br />Grassy Gap TOJ 6/5/2009 5