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This stipulation is resolved. Kerr reported on 9/17/89 that Well <br />028-AM-2 was installed 10' deep with a backhoe. This well was monitored <br />throughout the fall of 1981, all of 1982 and 1983 and it never produced <br />water. Monitoring of this site was discontinued with the 3/84 technical <br />revision on the water monitoring plan modification. <br />6. KERR COAL IS REQUIRED TO UPDATE THIS PERMIT ACCORDINGLY AS INITIAL OR <br />FINAL DECISIONS ARE RENDERED RELATIVE TO PENDING EMISSIONS PERMIT <br />APPLICATIONS FOR THE PROPOSED COAL MINING ACTIVITIES. <br />Emission permits for the Kerr operation were submitted 2/9/81, resolving <br />this stipulation. <br />KERR COAL IS REQUIRED TO STRIP TOPSOIL FROM THE IMPOUNDMENT AREA OF ALL <br />SEDIMENT PONDS REMAINING TO BE CONSTRUCTED UNLESS THE DIVISION <br />SPECIFICALLY AUTHORIZED LEAVING THIS TOPSOIL IN PLACE, BASED ON A <br />DEMONSTRATIOF! BY KERR COAL THAT SEDIMENT COLLECTED IN EXISTING PONDS <br />FALLS WITHIN THE PARAMETERS OF NORMAL SOIL MATERIAL, AND FURTHER THAT THE <br />TOPSOIL BENEATH SUCH ACCUMULATED SEDIMENT DOES NOT DEMONSTRATE ADVERSE <br />Ih1PACTS FROM SEDIMENT DEPOSITION OR WATER RETENTION OR SHOW A TREND <br />TOWARD UNACCEPTABLE SOIL PARAMETERS. SUCH DEMONSTRATION SHALL BE BASED <br />UPON THE RESULTS OF THE SEDIMENT AND TOPSOIL SAMPLING PROGRAM PROPOSED BY <br />KERR COAL, WITH THE ADDITION OF THE FOLL04!ING PARAMETERS TO THE ANALYSES: <br />ARSENIC, BORON, COPPER, LEAD, MERCURY, MOLYBDENUM, SELENIUM, ZINC. IF <br />KERR COAL SHOULD CHOOSE NOT TO IMPLEMENT THIS SAMPLING PROGRAM, TOPSOIL <br />MUST ALSO BE STRIPPED FROM THE EXISTING PONDS. <br />Stipulation 7 has been resolved. Kerr committed to the salvage of <br />topsoil at future impoundments prior to construction with a 12/3/82 <br />submittal . <br />WITH RESPECT TO SHRUB DENSITY, A JOINT EFFORT IS TO BE MADE BY KERR COAL <br />AND THIS DIVISION TO RESEARCH THE ISSUE OF APPROPRIATE SHRUB DENSITIES, <br />AND AN ACCEPTABLE SUCCESS STAtlDARD ESTABLISHED NO LATER THAN SEPTEMBER <br />20, 1981. <br />Resolution of this stipulation has been achieved. Kerr prepared a <br />submittal on 10/31/81 for the shrub density standard. The resulting <br />standard was incorporated into the permit application on page 816-157c <br />with the F9id-Term Review Response, Exhibit 59, on .April 28, 1986. <br />WITH RESPECT TO THE EVALUATION OF SPECIES DIVERSITY ON RECLAIMED AREAS, <br />KERR COAL IS REQUIRED TO WORK WITH THIS DIVISION TOIJARDS THE <br />ESTABLISHMENT OF MUTUALLY ACCEPTABLE SUCCESS CRITERIA. SUCH CRITERIA <br />SHALL BE FORMULATED AtJD AGREED TO NO LATER THAN SEPTEMBER 30, 1981. <br />The species diversity standard was resolved with a 12/21/81 submittal <br />from Kerr which was incorporated into the permit application on 816-157b <br />with the Mid-Term Review Response, Exhibit 59, on April 28, 1986. <br />-~- <br />