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questions of whether or not two operators were in violation of the <br /> Act. To attempt to prevent future confusion in this area , the Board <br /> decided to adopt their policy decisions in regulation form. The Board <br /> ® felt that adoption of these sections only as policy statements could <br /> become lost and result in confusion in the future. The Board concluded <br /> that these new sections tied together several portions of the Act and <br /> clarified the terms for the public. <br /> RULE 6: Reclamation Performance Standards of the Rules of the Mined Land Reclama- <br /> tion Board is hereby amended as follows : <br /> 6.2 Water <br /> BASIS 6 PURPOSE <br /> The Board deleted subsection (5) of the regulation because it was deter- <br /> mined to be repetitious. The Board felt that Section (a) of the regulation <br /> fully encompassed the intent and scope of subsection (5) and therefore <br /> the latter was deleted, along with the word "and" bridging subsections (4) <br /> and (5) . <br /> 6.3 Wildlife <br /> b. <br /> c. <br /> BASIS L PURPOSE <br /> There was considerable confusion on the part of the operators as to the <br /> meaning of this section. In response to this problem, the Board reworded <br /> this section to clarify the operator's responsibilities. The Board deleted <br /> a portion of section (b) and inserted the remainder in the old section (c) , <br /> renumbered (b) . The language as reworded, clarifies the previous regulation. <br /> It is now clear that the operator's responsibilities toward wildlife are <br /> dependent upon his choices of wildlife habitat as part of his reclamation <br /> plan. <br /> 6.4 Topsoiling <br /> b. <br /> d. <br /> BASIS b PURPOSE <br /> For purposes of clarification , this section was reworded. Subparagraph (b) <br /> was amended to clarify that woody vegetation was to be removed where practi - <br /> cable. The language of subparagraph (d) was reworded to clarify the obli - <br /> gations of operators. The language "unnecessary compaction and contamination" <br /> was eliminated as unnecessary reptitious language. This subsection was <br /> amended to clarify that all relocations need Board approval and the manner <br /> in which such requests for relocation would ordinarily be handled. <br /> a <br /> - 55 - <br />