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L~ August, 1951, the applicant r;onJi.cted baseline vegetation sa~,pliny for <br />tree szgeorush ref arence areas at 'ne Eagle Mines. The quantitative <br />results are found in appenrJix 111-br'. A qualitative description <br />incorporating the results of this data has not been included in Section <br />3.L of the application although the applicant provided one during the <br />revietr process. Section 3.3 refers to the study that will taKe place <br />between ,iuly 1s and August i7, therefore, Section 3.d of Che pera,it <br />application must oe amended to include the results of the baseline study <br />along with a co~aprehensive qualitative discussion of the vegetation in the <br />disturbed area. k vegetation survey shall be conducted for any ne~.v <br />disturbances. <br />empire Energy Corporation has changed the proposed revegetation plaru in <br />the amended application. Originally reference areas were. Co serve as the <br />ruvdyeCdLion success ;tandurd. Itid nc~r plan prupuse•, to subjoct uilldrent <br />areas of Che disturbeu area to diFFurent success standards. ....: applicant <br />states, on page IU-y3, that "the varied history of Che Eagle I.i..~ .. . <br />dictates that a variety of ~uethods re used to rleter~uine revege~:ti:.; <br />success." The Regulations, hotrever, do not allow a modification of <br />success standards dependir~y on when the area was disturbed unless it is a <br />previously mined area. There are alternatives to the use of a reference <br />area descriued in Rule 4.1~.7([)(d), but the proposed standards in the, <br />amended applicatidn are not based on any of the suggested crit.~~~. 'r. _nat <br />rule, except for the croplands. Therefore, the proposed r•eveyetation <br />success standards are unacceptable to the Division. Empire Enr,rgy Corp. <br />shall sub,nit adequate revegetation success standards. ' <br />A revegetation monitoring plan has not been proposed oy the applicant. <br />Pursuant to Ruie +.15.1(4), each person who conducts surface coal mining <br />operations shall periodically monitor the success of revegetation a;;d zcy <br />otr,er related environmental parameters required by the Division. Empire <br />Energy Corporation shall submit a revegetation monitoring plan. <br />The proposal to submit a yraziny plan six months prior to the initiation <br />of grazing is acceptable. It roust be noted that the Division Trust approve <br />the plan oefore yraziny begins, because the "standard yankability test" is <br />unacceptable 'to 'the Division for determining plant establish~itent. If the <br />applicant can supply a reference describing the "yankability test" it r.;ay <br />be considered and dee~nerJ acceptable otherwise, the Uivision will rely on <br />the revegetation monitoring data and fielrJ observations, and the applicant <br />shall remove the "yankability test" from the application. <br />i:eferciice is ni,rde, un pages 1V-;it, and 1'J-4Y, Lu a "previously ,:ppruv.:d <br />seed :nix". Empire Lneryy (;or-poration shall provide a description o` ti~is <br />seed mix, the rate of seeding and where it will be used, or remove all <br />references to fire above-referenced seed .nix from the application. <br />Since tr,e applicant does not $n0'•Y ti~:hat CrOpS 'N111 ue planted in tt•.= <br />cropland, the applicant shall submit the crop mix to the Division prior to <br />seeding. <br />