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Carol Pahlke <br />December 23, 1980 <br />Page 15 <br />E. Kerr will be required to forward information obtained in <br />their monitoring program so that MLR may evaluate the <br />proposed mitigation. <br />F. Kerr must not allow human pets within the mine permit <br />areas. <br />G. During strutting, display and breeding seasons Kerr must <br />restrict human activities in the immediate vicinity of <br />leks, nests, and brood areas. <br />Response: Kerr Coal has incorporated the specified <br />changes and conditions into its proposed mitigation <br />plan for sage grouse. <br />Revised Pages: Revised pages 780-52aaaa, 780- <br />53aaaa, 780-53bbbb, 780-54aaaa, and 780-54bbbb are <br />attached hereto and incorporated herein by <br />reference. <br />Further concerns stemming from Kerr Coal's December 4, 1980 <br />letter follow: (with regard to Section 816-116 (a) -Revegeta- <br />tion Success - Kerr Tipple Area) <br />1. Rule 4.15.7(3)(a) does not allow "approval of reference <br />areas which are not necessarily representative of the <br />premine plant community". What this Rule allows is <br />acceptance of a "reference area representative of a cer- <br />tain plant community which existed on the premining <br />surface". <br />2. Final approval of the proposed reference area will depend <br />on a comparison of the actual data from the proposed <br />reference area to the valley bench range site descrip- <br />tion, by MLRD. <br />3. Kerr has made an incorrect assertion regarding analysis <br />of vegetation success. A statistical analysis will be <br />required in all cases when the reclaimed surface vegeta- <br />tion parameter values are less than the reference area <br />parameter values. <br />4. The extended liability period begins "after the last year <br />of augmented seeding, fertilization, irrigation, or <br />other work". (Rule 4.15.7(5)). (It is not necessary to <br />meet the cover standard prior to initiation of the lia- <br />bility period.) <br />