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-6- <br />The last correspondence the Division has on file regarding the resolution of <br />this stipulation is a June 24, 1985 letter from Powderhorn Coa] Company to the <br />Division indicating that a commitment to utilizing the Greasewood/Shadscale <br />reference area for the determination of revegetation success on CRDA No. 2 and <br />No. 3 is a7 ready provided in the application. However, it is the Division's <br />understanding that the areas disturbed by the two disposal areas will affect <br />all three plant communities referenced in the stipulation. Therefore, in <br />order to properly resolve the requirements of the stipulation, the permit <br />application needs to be revised to commit to utilizing all three reference <br />areas to determine revegetation success at CRDA No. 2 and No. 3. <br />STIPULATION N0. 4 <br />WITHIN 90 DAYS OF PERMIT REVISION APPROVAL, THE PERMITTEE IN <br />CONSULTATION WITH THE DIVISION SHALL PROPOSE REYEGETATION SUCCESS <br />CRITERIA FOR WOODY PLANT DENSITY AND SPECIES DIVERSITY FOR THE ROADSIDE <br />AND CAMEO MINES. <br />The last correspondence the Division has regarding woody plant density and <br />species diversity revegetation success standards consists of a letter from <br />Mike Savage to Powderhorn Coal Company outlining agreed upon standards. Once <br />the two standards as stated in the letter have been incorporated into an <br />appropriate section of the permit application, Stipulation No. 4 can be <br />considered resolved. <br />STIPULATION N0. 5 <br />THE PERMITTEE SHALL RECLAIM THE CAMEO NOS. 2 AND 3 REFUSE DISPOSAL <br />AREAS WITH THE SEED MIX IN TABLE 1 AT THE RATES LISTED. <br />In order to properly resolve the requirements of this stipulation, Powderhorn <br />Coal Company should incorporate the above referenced seed mix into an <br />appropriate section of the permit application. The seed mix was included as <br />an attachment to the April 8, 1985 findings document for the CRDA No. 2 and <br />No. 3 permit revision approval. <br />STIPULATION N0. 6 <br />IF THE FIELD 7RAIL5 CURRENTLY BEING CONDUCTED A7 THE ROADSIDE COAL <br />PROCESSING WASTE EMBANKMENT DEMONSTRATE THAT REVEGETATION SUCCESS <br />CRITERIA CANNOT BE MET BY LESS THAN FOUR FEET OF NON-TOXIC, <br />NON-COMBUSTIBLE COVER AND/OR THAT DISTURBANCE TO 7HE HYDROLOGIC BALANCE <br />IS NOT MINIMIZED WITH LESS THAN FOUR FEET OF COVER, THE PERMITTEE WILL <br />BE REQUIRED TO PLACE FOUR FEET OF THE BEST AVAILABLE NON-TOXIC, <br />NON-COMBUSTIBLE COVER OVER THE ROADSIDE REFUSE PILE AND CAMEO MOS. 1, <br />2, AND 3 REFUSE PILES. <br />This is an ongoing stipulation attached to the existing permit. The <br />resolution of this stipulation will depend on the results of the revegetation <br />field trials currently in progress. If Powderhorn Coal Company so desires, <br />