Laserfiche WebLink
Joellon Turnor 970- 864 -7682 p.5 <br />d. WFC will implement the December 21, 2012 topsoil replacement plan, <br />attached as Exhibit 4, subject to all changes mandated by this Agreement. WFC agrees to <br />import not less than twenty dnree thousand (23,000) cubic yards of topsoil front the <br />former Johnson property (now owned by WFC) and emplace same on the east side of the <br />Morgan Property. In addition, WI'C agrees to return nine thousand eight hundred (9,800) <br />cubic yards of Morgan topsoil presently stockpiled oil the Benson West property to the <br />east side of the Morgan Property. NVFC will rip, cross -rip, and rock pick die soils on the <br />Morgan Properly prior to placing A and B lift topsoil. Physical and chemical suitability <br />of the imported (Johnson property) topsoil will be verified by WFC and approved by <br />DRMS prior to placement. <br />e. Irrigation plaits for the Morgan Property will be configured to utilize a <br />center pivot irrigation system. WFC will purchase, install, <br />or the duration <br />of this Agreement the westeni center pivot unit and all necessary pipelines, and incidental <br />equipment. The Morgans will purchase and own the eastern center pivot unit, which will <br />be installcd y WFC for the duration of this Agreement. At final bond <br />release NVFC will transfer to the Morgans via bill of sale title to the western unit and all <br />related irrigation equipment. [final grading will be performed so as to be compatible with <br />center pivot irrigation. <br />f. CCC ditch water shall be used for irrigation and reclamation activities on <br />the Morgan Property during all times when it is available. NVFC will not utilize pit water <br />from its active mining pit for reclamation or dust control on tite Morgan Property at any <br />time. <br />g. WFC agrees to employ best efforts and all reasonably available practices <br />to attain full reclamation of the Morgan Property as soon as practicable. WFC will <br />perform fertility testing on soils on the Morgan Property annually, and will apply <br />fertilizer or other soil amendments or interventions in conformity with all testing <br />recommendations. Crop rotation on the Morgan Property will include corn and oats (oats <br />to be. plated at a rate of seventy (70) pounds per acre (cover crop) and one hundred (100) <br />pounds per acre (rotation crop). Vegetation studies will be perfomied each year prior to <br />the first hay cutting (typically May or June). WFC will take all necessary steps, and <br />undertake all necessary data collection, to apply for final bond release in year ten of this <br />Agreement.". Ooay <br />h. The parties have elected to allow NVFC to pay cash to tie Morgans in lieu <br />of its obligation under the Coal Lease to install a replacement domestic grater well on the <br />Morgan Property. The Morgans shall be authorized to select the location of the now well, <br />and they and their contractor(s) shall be authorized to enter the Morgan Property as <br />needed for the installation of saute. All such entries shall be scheduled in advance. With <br />WFC and conducted so as to not interfere with other reclamation performed by WFC. <br />6. Contract Farming by Morgans. The Morgans shall have tine option, but not the <br />obligation, to perform all fanning related activities on the Morgan property during this <br />:agreement including, without limitation, planting, plowing, discing, fertilizing, <br />4 <br />