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Status: Complied with 3-27-1981. <br />Stipulation #7. <br />Kerr Coal is required to strip topsoil from impoundment azea of all sediment ponds remaining to <br />be constructed unless the Division specifically authorizes leaving this topsoil, based on a <br />demonstration by Kerr Coal that sediment collected in existing ponds falls within the parameters <br />of normal soil material and that the topsoil beneath such accumulated sediment does not <br />demonstrate adverse impacts from sediment deposition or water retention to be unacceptable. <br />Such demonstration shall be based upon results of sediment and topsoil sampling proposed by <br />Kerr Coal with additional analyses. <br />Status: Terminated 5-8-1991. <br />Stipulation #8 <br />With respect to shrub density, a joint effort is to be made by Ken• Coal Company and the <br />Division to research the issue of appropriate shrub densities and an acceptable success standazd <br />established no later than September 30, 1981. <br />Status: Complied with 10-30-1981. <br />Stipulation #9 <br />With respect to evaluation of species diversity on reclaimed azeas, Ken• Coal Company is <br />required to work with this Division towazd the establishment of mutually acceptable success <br />criteria. Such criteria shall be formulated and agreed to no later than September 30, 1981. <br />Status: Terminated 12-21-1981 <br />Stipulation #10 <br />With respect to Kerr's plan for mitigation of possible impacts on sage grouse, precise locations <br />for fertilizer application must be submitted each yeaz to the MLRD for approval at least 30 days <br />prior to the scheduled fertilization data. Such approval shall be based on a comparison (to be <br />provided by Kerr) of azeas to be fertilized with azeas to be disturbed, relative to sage grouse <br />habitat types as shown on map 23. A discussion of these areas with respect to sage grouse use <br />and accessibility to the birds must be provided. <br />Status: Terminated 12-1-1991 <br />Stipulation #11 <br />Ken• Coat is directed to submit to the Division on a regulaz basis data from the aerial volumetric <br />surveying program described on page 816-124 of the application to determine whether future <br />operational experience is consistent with the projected swell factor of 24% <br />Status: Complied with 2-27-1987 <br />Man• Mine Permit Renewal OS <br />17 March 2006 <br />-3- <br />