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<br />-52- <br />Stipulation No. 21: <br /> <br />A. WITHIN 6 MONTHS OF PERMIT ISSUANCE, THE PERMITTEE SHALL SUBMIT TO <br />THE DIVISION FOR APPROVAL A REVISION CONTAINING A PLAN FOR THE <br />SAMPLING OF COVER, PRODUCTION, SPECIES COMPOSITION AND WOODY PLANT <br />DENSITY IN BOTH THE AFFECTED AND REFERENCE AREAS OF THE PONDEROSA <br />PINE-OAK, PONDEROSA PINE-0AK-DOUGLAS FIR, AND WILLOW CARR <br />VEGETATION COMMUNITIES, IF THESE COMMUNITIES ARE DETERMINED TO BE <br />MAJOR COMMUNITIES UNDER INFORMATION PROVIDED IN CONJUNCTION WITH <br />STIPULATION NO. 20. <br />AFTER DIVISION APPROVAL THE PERMITTEE SHALL CONDUCT THE APPROVED <br />SAMPLING DURING THE NEXT GROWING SEASON. RESULTS SHALL BE <br />SUBMITTED TO THE DIVISION WITHIN THIRTY DAYS OF COMPLETION OF <br />SAMPLING. <br />B. THE PERMITTEE WILL DEMONSTRATE THE EQUIVALENCE OF THE REFERENCE <br />AREAS TO THE RESPECTIVE AFFECTED AREAS PRIOR TO RELEASE FROM THE <br />OBLIGATIONS OF THIS STIPULATION. <br />The applicant has proposed using the grassland reference area at the Maxwell <br />Mine for setting the revegetation success standard for grassland communities <br />at the Allen Mine. <br />The Division has determined that the sampling of the Maxwell Mine grassland <br />community (affected and reference areas), with the exception of woody plant <br />density, met statistical sample adequacy. It was determined that the <br />reference area and the affected areas were not statistically equivalent for <br />cover and production. However, mean values for vegetative cover and <br />herbaceous production were greater for the reference area in both cases. The <br />division will waive the requirement for equivalence if the applicant will <br />accept the higher standards of the reference area at the Maxwell Mine for <br />reclamation of grassland areas at the Allen Mine. In accordance with Rule <br />4.15.7(3), the following stipulation is added: <br />Stipulation No. 22: <br />WITHIN 60 DAYS OF PERMIT ISSUANCE, THE PERMITTEE WILL INDICATE TO THE <br />DIVISION, IN WRITING, WHETHER THE STANDARDS FOR COVER AND PRODUCTION ON <br />THE GRASSLAND REFERENCE AREA ARE ACCEPTABLE, OR WHETHER THE PERMITTEE <br />WILL RESAMPLE AFFECTED AND REFERENCE AREAS FOR THE GRASSLAND COMMUNITY <br />TO IDENTIFY AN EQUIVALENT REFERENCE AREA. IF THE PERMITTEE ELECTS TO <br />RESAMPLE, A SAMPLING PLAN SHALL BE REQUIRED WITHIN 60 DAYS OF PERMIT <br />ISSUANCE, TO BE SUBMITTED AS A REVISION, TO BE IMPLEMENTED DURING THE <br />NEXT GROWING SEASON. <br />The applicant has provided little detail within the proposed revegetation <br />plan. Specific infonmation is lacking regarding seeding schedules, mulching <br />application, use of herbicides and pesticides, use of irrigation, and specific <br />criteria for the evaluation of revegetation success. It is therefore <br />stipulated in order to comply with Rule 4.15: <br />