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Mr. Rick Mills -4- July 13, 1984 Stipulation No. 7 This stipulation required Empire to incorporate topsoil baseline information into the permit application. this has been done and the information is on pages IV-44a through IV-44i, Stipulation No. 9 This stipulation required 5 years of crop production data for the hayfields and wheatfields. Wheatfield data is available for 4 years ' 1979, 1981, 1982 and 1983. Therefore, 1 more year's worth of wheatfield production data is necessary. Empire stated they would collect the data this year. It will have to be incorporated into the permit application. Hayfield data was provided and is found on page IV-99. Stipulation No. 10 Empire was required to establish revegetation success criteria by this stipulation. Empire has proposed a revegetation success standard of 309'. cover for the crusher site, 5A portal area, ponds 5A-P2 and 3 and the old shop area. Empire states that this is based on cover data from the 1983 samp]ing and asletter from the local SCS office. The 1983 cover sampling shows 64%~cover 60% of which is perennial fortis and grasses. Therefore, 30% cover seem to be a low standard based on the 1983 sampling data. The SCS letter was not included. The 30% success standard should be re-evaluated so that it accurately reflects the 1983 sampling data, adequate erosion control and the plant growth medium. The SCS letter should be included in the response. Empire also references Map II-10 in this response. Map II-10 could not be located. Stipulation No. 11 Success criteria for the waste disposal pile and Eagle No. 5 portal area were required by this stipulation. Empire Energy Corporation proposed to use a reference area as discussed on page IV-99f. Portions of the No. 5 portal will be returned to cropland and other portions will be returned to rangeland/wildlife habitat. For those portions being returned to cropland an adequate success criteria has been presented on pages IV-97, and 98. Success criteria for the rangeland/wildlife habitat could not be located. Thus, the No. 5 portal rangeland/wildlife habitat success criteria must be addressed. Stipulation No. 13 Revegetation monitoring is required by this stipulation. Empire presents a monitoring plan on page IV-93. The response states that a visual inspection will be made every two to three years. This is somewhat vague. The frequency of the revegetation monitoring needs to be clarified.