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:~, . <br />_2P_ <br />The Division requested that Kerr Coal propose a reclamation success standard <br />with respect to species diversity (4.15.8(5)). Subsequent to permit issuance, <br />the Division and. the permittee reached agreement on a species diversity <br />standard based on species composition. <br />The operation is in compliance with the requirements of this section. <br />XII. Fish and Wildlife Rules 2.04.11, 2.05.6(2), 4.18 <br />The following concerns were identified in the original Kerr permit <br />application. With the specified stipulation, the operation is in compliance. <br />The sage grouse which inhabit the northeast quarter of North Park have been of <br />considerable concern to MLRD, the Division of Wildlife, and the various mining <br />operations in North Park. Voluminous comment has been made by all parties <br />concerned for over a year's time. After reading literature provided and <br />contacting various individuals the Division has found Kerr Coal's plan for <br />mitigation of impacts on sage grouse to be acceptable with the following <br />stipulation: <br />With respect to Kerr Coal's plan for mitigation of possible impacts on sage <br />grouse, precise locations for fertilizer application gust be submitted each <br />year to the Mined Land Reclamation Division for approval, at lease 30 days <br />prior to the scheduled fertilization date. Such approval shall be based on a <br />comparison (to be provided by Kerr Coal) at areas to be fertilized with areas <br />to be disturbed, relative to sage grouse habitat types as shown on Map 23. A <br />discussion of these areas with respect to sage grouse use and accessibility to <br />the birds must also be provided. <br />Subsequent to permit issuance, the permittee requested relief from the <br />obligations of this stipulation, and after further analysis by the Division, <br />this stipulation was deleted. <br />In Kerr's agreement with the BLM, provision was requested for the replacement <br />of antelope fence at the termination of mining activities. Kerr has agreed to <br />this and has incorporated the appropriate wording into their permit document <br />(December 4, 1980). <br />On the basis of available information, this Division finds that the proposed <br />operation will not affect the continued existence of endangered or threatened <br />species or result in the destruction or adverse modification of their critical <br />habitats (2.07.6(2)(n)). <br />The operation is in compliance with the requirements of this section. <br />XIII. Prime Farmland Rules 2.04.12, 2.06.6, 4.25 <br />Pursuant to Rule 2.07.6(2)(k) the Division has made a negative determination <br />for the presence of prime farmlands within the proposed permit area. The <br />decision was based on the evidence provided by the Soil Conservation Service <br />that there are no prime farmland mapping units within the proposed permit <br />area. The operation is in compliance with the requirements of this section. <br />