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2 This proposed diversity standard is supported by the data collected from 1994 through 2004 on the OSRA. This data showed an absence of perennial non-noxious forb species. Data collected on the OSRA during 1994 through 2004 confirms that the native OSRA community could not achieve the previously approved diversity standard. The approved seed mix (Permit pg. l 15) supports a native warm season grass dominated prairie community. The Division proposes to accept the proposed diversity standard. Please provide a revised permit page 116b in order to include the revised diversity standard into the permit, The Division and CEC have had discussions regarding the applicability of the Osgood Sand Reference Area as the reclamation success criteria. CEC and the Division recognize the dispazity of comparability between the shrub dominated community ofthe OSRA and the graminoid dominated prairie community of the reclaimed areas. Ruie 4.15.7(3)(b)(iii) provides a means for recognizing a change to the vegetation community structure on areas "where the planned post-mining land use will be the same as the pre-mining land use", by stating that "a reference area may lie selected based on its approximation of vegetation characteristics which reflect reclamation plan objectives, rather than its similarity to pre-mining vegetation." Proposal of an undisturbed reference area that reflects reclamation plan objectives may be a direction CEC would Tike to explore in order to resolve the concerns associated with utilization of the Osgood Sand Reference Area. The proposed decision date for this revision is February 28, 2006. Please provide your responses by February 22, 2006 to allow for the Division's review prior to the proposed decision date. Please call me if you have any questions. Sincerely, ~. Janet Bim s L'nvironm ntal Prole lion Spe alist 03)86 4944 cc: Dan Hernandez, Dan Mathews, Sandy Brown, DMG