I set up grub in MBR compatibility mode wich is what the 1M EF02 partition called boot does
this follows the hybrid example from the disko github as well as this article and answers from this thread the EFI stuff is expected to enable the install to still boot in EFI mode if I put the hard drive in another machine
I will get back to you on wether the unexpected behavior still happens with the boot device set to “nodev”