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To: From: Cc: Subject: Attachment: Date: KaldenbT@COAL RouttenL@COAL@DNRML BerryD@COAL HG Mine( Shrubs 1/12/98 3:53 PM Mike Neumann of Terra Matrix called me this morning after talking with you. He asked for guidance on whether he would be extending the liabililty period if he, 11 irrigated shrubs this year, 2) finished installing weed matting around planted shrubs or 3) sprayed noxious weeds. He said 1998 would be year 3 for the first shrubs planted in their shrub islands and, year 2 for supplemental plantings done to replace dead shrubs. He said he thinks the mine permit indicates shrubs would be irrigated for 2 years. In response to his questions, I told him 1. I would hate to discourage any irrigation at this point after all the work they have done. If they irrigate the supplemental plantings, they can't avoid watering all the shrubs unless they redo the irriagtion system. 4.15.7151 says liability periods will restart when augmented irrigation is done. We're currently revising that rule to allow normal husbandry practices without restarting the liability clock. I think we'll be able to call irrigating transplanted shrubs for a few years a normal husbandry practice. So, I told Mike I'd lobby for not making an issue of restarting the liabililty period if they water some 3-year old shrubs while they're watering two-year old shrubs. If yo need lobbying, let me know. 2. Mike said they never finshed installing weed control matting around all the transplants last year. I said they should certainly finish that work and I don't see any reason [o restart the liability period if they do this work. 3. I told Mike that normal weed control programs do not restart liablilty clocks. This may not be clear in the current rules but, it should be clear in the soon-to-be-revised rules. iiiiiiiiiiiiiiiiiii Let me know if you want or need more on this.