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<br />xerr is acceptable. <br />The issue of shrub density and shrub reestablishment has been a concern evoking <br />much discussion. MLR requested that Kerr address this subject (November 6, 1980). <br />Kerr provided a discussion of their aims and asked MLR for a variance from the <br />requirements of 9.15.8(7) to reestablish 2,000 stems/acre shrub density. Due <br />to insufficient supporting evidence, this Division is unable to approve the <br />requested variance. The following stipulation is therefore necessary: <br />WITH RESPECT TO SHRUB DENSITY, A JOINT EFFORT IS TO BE MADE BY KERR COAL AND THIS <br />DIVISION TO RESEARCH THE ISSUE OF APPROPRIATE SHRUB DENSITIES, AND AN ACCEPTABLE <br />SUCCESS STANDARD ESTABLISHED NO LATER THAN SEPTEMBER 30, 1981. <br />The Division requested that Xerr Coal propose a reclamation success standard <br />with respect to species diversity (4.15.8(5)). No agreement on such a standard <br />was reached, therefore the following stipulation is necessary: <br />WITH RESPECT TO THE EVALUATION OF SPECIES DIVERSITY ON RECLAIMED AREAS, KERR <br />COAL IS REQUIRED TO WORK WITH THIS DIVISION TOWARDS THE ESTABLISXFfENT OF MUTUALLY <br />ACCEPTABLE SUCCESS CRITERIA. SUCH CRITERIA SHALL BE FORMULATED AND AGREED TO NO <br />LATER THAN SEPTEMBER 30, 1981. <br />With the two stipulations specified, the proposed operation is in compliance. <br />XII Fish and Wildlife (2.04.11, 2.05.6(2), 4.18) <br />The following concerns were identified in the Kerr permit application. With the <br />specified stipulation, the proposed operation is in compliance. <br />The sage grouse which inhabit the northeast quarter of North Park have been of <br />considerable concern to this Division, the Division of Wildlife, and the various <br />mining operations in North Park. Voluminous comment has been made by a1I parties <br />concerned for over a year's time. After reading literature provided and contact- <br />ing various individuals the Division has found Kerr Coal's plan for mitigation of <br />impacts on sage grouse to be acceptable with the following stipulations: <br />WITH RESPECT TO XERR COAL'S PLAN FOR f9ITIGATION OF POSSIBLE IMPACTS ON SAGE GROUSE, <br />PRECISE LOCATIONS FOR FERTILIZER APPLICATION M1fUST BE SUBMITTED EACH YEAR TO THE <br />MINED LAND RECLAMATION DIVISION FOR APPROVAL, AT LEAST 30 DRYS PRIOR TO THE <br />SCHEDULED FERTILIZATION DATE. SUCH APPROVAL SHALL BE BASED ON A COMPARISON (TO BE <br />PROVIDED BY KERR COAL) AT AREAS TO BE FERTILIZED WITH AREAS TO BE DISTURBED, <br />RELATIVE TO SAGE GROUSE HABITAT TYPES AS SHOWN ON MAP 23. A DISCUSSION OF THESE <br />AREAS WITH RESPECT TO SAGE GROUSE USE AND ACCESSIBILITY TO THE BIRDS MUST ALSO <br />BE PROVIDED. <br />In Xerr's agreement with the 9LM., provision was requested for the replacement of <br />antelope fence at the termination of mining activities. Kerr has agreed to this <br />and has incorporated the appropriate wording into their permit document (December 4, <br />5980). <br />On the basis of available in forma ticn, this Division finds that the propcsed <br />operation will not affect the continued existence of endangered or threatened <br />species or result in the destruction or adverse modification of their cr_'tical <br />habitats (2.07.6(2)(n)). <br />_23_ <br />