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2013-03-22_REVISION - C1981008 (2)
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2013-03-22_REVISION - C1981008 (2)
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Last modified
8/24/2016 5:18:46 PM
Creation date
2/20/2014 7:54:23 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
Revision
Doc Date
3/22/2013
Doc Name
Joint Answer Brief of Defendents Colorado Mined Land Reclamation Board & DRMS 2010 CV548
From
DRMS
To
District Court, Montrose County Colorado
Type & Sequence
PR6
Email Name
DAB
Media Type
D
Archive
No
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discussion of the utility and capacity of the reclaimed land to support a variety of alternative <br />uses." As considered by the Board, this detailed narrative appears in Permit section 2.05.4(2)(e) <br />and Map 2.05.4 -5 of PR -6. R: 8478 -8479. <br />a. Irrigated Cropland <br />The Board considered evidence and heard testimony regarding the post mining land use <br />proposed under PR -6 for the Morgan Property. Indisputably, the entire 108 -acre Morgan <br />Property will be returned to irrigated cropland. R: 7362. None of the Morgan Property will be <br />reclaimed as potential cropland. R: 7380. The Board heard considerable testimony from WFC <br />that the PR -6 post- mining land use is a function of availability of water and was evaluated based <br />on a NRCS methodology that calculates the acreage that could be successfully irrigated using <br />available landowner shares from the Colorado Cooperative Company Ditch ( "CCC "). R: 7316- <br />7318; 8440. For the Morgan Property, post- mining land use was evaluated utilizing their 60 <br />available shares of CCC ditch water, and that the ultimate plan contained in PR -6 was developed <br />in conjunction with the NRCS, the Division, and the Plaintiffs. R: 7316 -7318; 7363. Based on <br />frequent consultations with NRCS and the Plaintiffs, WFC amended PR -6 to remove any <br />reference to potential cropland on the Morgan Property. R: 7818. <br />b. Topography and Hydrology <br />The Board considered evidence and testimony regarding the post- mining topography and <br />possible impacts on hydrology. Based on comments from the Division and Mr. Mike Morgan, <br />WFC reevaluated the Probable Hydrologic Consequences ( "PHC ") section of the permit to <br />consider the changes in irrigation patterns and in the post- mining topography. R: 7819, 7832, <br />7841 -7853. The Board considered information from WFC, with concurrence from the Division, <br />15 <br />
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