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C <br />13. Page 780-78 eee makes clear Kerr Coal's intention to seed shrubs at the <br />Tipple Site. This intention is not borne out in Table 68a which <br />delineates the Kerr Tipple Area seed mixture. Please clarify this issue <br />with specific reference to what species and what quantity of seed will be <br />used. <br />14. In the discussion of mine area vegetation success standards, Kerr should <br />include the diversity and woody plant density standards that have been <br />agreed to in consultation with the Division. [Rule 2.05.4(2)(e)(vi)]. <br />15. Kerr Coal needs to indicate in their application what sampling methods <br />will be employed in determining the status and composition of vegetation <br />in revegetated and reference areas in compliance with Rule 4.15.7. <br />16. Volume 1 (pages 780-85 to 780-86) notes that reference areas will not be <br />used, while Volume 2 (pages 816-157a to 816-158a) notes that a reference <br />area was selected and sampled. The latter information represents the <br />most recent agreement with the Division. The former discussion should <br />therefore be updated. <br />Protection of Fish, Wildlife, and Related Environmental Values - Rules <br />. an <br />17. The discussion on page 816-119 bbb in section 816.97(d) is very vague <br />about use of specific pesticides during reclamation, through the comment <br />"...approved compounds to be used will be 2-4-D, "Roundup", or <br />appropriate equivalents." Furthermore, the pesticide 2-4-D is considered <br />a persistent pesticide which is not very effective on noxious weeds. The <br />Division must approve specific persistent pesticide use under Rule <br />4.18(4)(8). Therefore the Division respectfully requests that this <br />section be revised to exclude 2-4-D or that the section be modified to <br />indicate that pesticide use will be permitted through the minor revision <br />process on an "as needed" basis. The latter modification will allow <br />approval of the use of appropriate pesticides, persistent or otherwise, <br />to the specific problem. <br />Backfillinq and Grading - Rules 2.05.3(3), 2.05.3(4), 2.05.4(2)(a), <br />18. The approved backfilling and grading plan calls for a four year lag <br />between mining and grading of the 720 pit. Mining ended in 1983 and the <br />720 pit has not been filled. Please propose a mine plan which addresses <br />the performance requirements of 4.14.1 as well as realistic production <br />plans. This will serve to satisfy Stipulation R2, which is currently <br />outstanding. <br />