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<br /> <br /> <br />-z- <br />In reviewing the revegetation plan many areas were not addressed sufficiently <br />to allow the Division to make a finding of compliance. For this reason the <br />following stipulation is required: <br />Stipulation No. 2 <br /> <br />THE PERMITTEE SHALL REVISE THE PERMIT WITHIN 120 DAYS OF APPROVAL TO <br />REFLECT THE FOLLOWING REQUIREMENTS. IN THE CASE OF REQUIRED CHANGES <br />BELOW, THE PERMITTEE MUST HAVE WRITTEN APPROVAL OF THE DIVISION PRIOR <br />TO THIS STIPULATION BEING SATISFIED. <br />REVEGETATION PLAN: <br />1. THE PERMITTEE NEEDS TO SPECIFY SPECIFIC DATES DURING WHICH <br />REVEGETATION ACTIVITIES WILL BE UNDERTAKEN (e.g. FERTILIZING, <br />MULCHING, SEEDING). <br />2. THE PERMITTEE NEEDS TO REVISE THE PROPOSED SEED MIXES TO REFLECT <br />SPECIES COMPOSITION ON-SITE, AND GOALS OF THE POST-MINING LAND USE. <br />3. THE PERMITTEE NEEDS TO INCREASE THE MINIMUM MULCHING RATE TO <br />3,500 LB/ACRE. <br />4. THE PERMITTEE MUST HAVE ALL PEST AND DISEASE CONTROL MEASURES <br />APPROVED BY THE DIVISION IN WRITING PRIOR TO INITIATION. <br />5. THE PERMITTEE NEEDS TO PROPOSE MEASURES FOR DETERMINATION OF <br />REVEGETATION SUCCESS FOR, COVER, PRODUCTION, WOODY PLANT DENSITY, <br />AND DIVERSITY IN ACCORDANCE WITH RULE 4.15.7. <br />6. THE PERMITTEE NEEDS TO PROVIDE A TOPSOIL SAMPLING AND FERTILIZATION <br />PLAN FOR IMPLEMENTATION PRIOR TO SEEDING AND MULCHING. <br />Pursuant to Rule 2.07.6(2)(n) and based on available information the Division <br />finds that the proposed activities would not affect the continued existence of <br />endangered and threatened plant species or result in the destruction or <br />adverse modification of their critical habitats as determined under the <br />Endangered Species Act of 1973. <br />With the acceptance and satisfaction of the above stipulations the proposed <br />operation is in compliance with the requirements of this section. <br />/eP <br />Doc. No. 3950 <br />