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the relevant subsections (Rule 4.15.8(5)) requiring the success criteria to be met for two years. KCC <br />needs to revise this portion of the proposed success criteria to agree with Rule 4.14.7(5). <br />KCC proposes a diversity standard for the Tipple area reclamation; <br />• The reclaimed plant community must consist of at least 5 species possessing at least 3% relative <br />cover. <br />• Two of the five species, one must be a forb or a shrub species. <br />• The three dominant species shall not contribute less than 48.29% or more than 66.84% of the total <br />relative cover, <br />• The calculation of the species diversity values can be made using either data collected from either the <br />first or second year of Phase III vegetation sampling period individually, or by averaging the data <br />from the two monitoring periods into an average percentage relative plant cover value. <br />KCC's proposal to use the three dominant plant species to determine diversity success at the Loadout varies <br />from the use of four dominant species at the reclaimed mine. However, the diversity success criteria <br />previously approved for the Loadout only used data from the three dominant species. This proposal is <br />acceptable. <br />2. The Division's concern regarding the last bullet for the Loadout reclamation success is the same as <br />adequacy concern no. 1, specific to the diversity success criteria at the reclaimed mine area. The <br />Division is unable to accept the last bullet point for reclamation success comparison. Rule 4.14.7(5) <br />specifically states, "The revegetation success criteria as defined in relevant subsections of 4.15, shall <br />be met for at least two of the last four years of the liability period." Successful species diversity is <br />one of the relevant subsections (Rule 4.15.8(5)) requiring the success criteria to be met for two years. <br />KCC needs to revise this portion of the proposed success criteria to agree with Rule 4.14.7(5). <br />Review of KCC's revegetation report for 2009 sampling finds that as proposed, the Mine area would be <br />unable to meet the "no one species contributing greater than 50% relative cover ", and "The four dominant <br />species shall not contribute more than 87.89% of the total relative cover." <br />Please have KCC address adequacy items no. 1 and 2. <br />2 <br />