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Stipulation #7 <br />Kerr Coal Company is required to strip topsoil from the impoundment area of all sediment ponds <br />remaining to be constructed unless the Division specifically authorizes leaving this topsoil, based <br />on a demonstration by Kerr Coal Company that sediment collected in existing ponds falls within <br />the parameters of normal soil material and that the topsoil beneath such accumulated sediment <br />does not demonstrate adverse impacts from sediment deposition or water retention to be <br />unacceptable. Such demonstration shall be based upon results of sediment and topsoil sampling <br />proposed by Kerr Coal Company with additional analyses. <br />Status: Terminated 5-8-1991. <br />Stipulation #8 <br />With respect to shrub density, a joint effort is to be made by Kerr Coal Company and the <br />Division to research the issue of appropriate shrub densities and an acceptable success standard <br />established no later than September 30, 1981. <br />Status: Complied With 10-30-1981. <br />Stipulation #9 <br />With respect to evaluation of species diversity on reclaimed areas, Kerr Coal Company is <br />required to work with this Division toward the establishment of mutually acceptable success <br />criteria. Such criteria shall be formulated and agreed to no later than September 30, 1981. <br />Status: Terminated 12-21-1981. <br />Stipulation #10 <br />With respect to Kerr Coal Company's plan for mitigation of possible impacts on sage grouse, <br />precise locations for fertilizer application must be submitted each year to the MLRD for approval <br />at least 30 days prior to the scheduled fertilization data. Such approval shall be based on a <br />comparison (to be provided by Kerr Coal Company) of areas to be fertilized with areas to be <br />disturbed, relative to sage grouse habitat types as shown on map 23. A discussion of these areas <br />with respect to sage grouse use and accessibility to the birds must be provided. <br />Status: Terminated 12-1-1991. <br />Stipulation # 11 <br />Kerr Coal Company is directed to submit to the Division on a regular basis data from the aerial <br />volumetric surveying program described on page 816-124 of the application to determine <br />whether future operational experience is consistent with the projected swell factor of 24 percent. <br />Status: Complied with 2-27-1987. <br />Stipulation #12 <br />No later than 90 days prior to the scheduled commencement of operations on the second bonding <br />increment (shown on map 48), Kerr Coal Company must submit detailed worst case reclamation <br />cost estimates to the Division for review. Any required additional bond amount must be <br />submitted and approved prior to the commencement of operations on that increment. A similar <br />procedure shall be followed for any subsequent increments. This stipulation was replaced by #15 <br />of the 1986 permit renewal. <br />Status: Terminated 9-9-1991.