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2013-03-22_REVISION - C1981008 (2)
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2013-03-22_REVISION - C1981008 (2)
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Entry Properties
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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topsoil placed on the Morgan Property would be rigorously tested for suitability based on the <br />thresholds approved in TR -57 and expanded upon in PR -6. R: 7318 -7321, 7854 -7856, 8441. <br />These tests insure that the topsoil used in final reclamation of all 108 acres will be sufficient as <br />growth medium for irrigated cropland. Id. <br />b. Prime Farmlands Standards <br />Rule 4.25 describes the many performance standards for operations on prime farmlands <br />and has specific requirements for: soil replacement/redistribution (Rule 4.25.4), the <br />establishment of a reference area or productivity standard (Rule 4.25.2(3)), and that "the <br />aggregate total prime farmland acreage shall not be decreased from that which existed prior to <br />mining" (Rule 4.25.2(4)). These performance requirements ensure that the "land will have <br />agricultural productive capacity which is equal after mining to pre- mining levels...." Rule <br />4.25.1(1). The Board found that PR -6 contains adequate plans and performances standards for <br />the prime farmlands within the permitted area. R: 8478; Order, p. 4. <br />The Board heard considerable testimony related to final soil redistribution as set forth in <br />PR -6. In PR -6 both soil lifts A and B are salvaged, segregated, and handled separately in <br />accordance to the Rules. Rule 4.25 requires a minimum soil depth of 48 inches for reclamation <br />of prime farmland. The Board considered evidence that, under PR -6, final soil redistribution of <br />the western 88 acres of the Morgan Property would be replaced at an average depth of 58 inches <br />(33 inches of Lift B covered by 25 inches of Lift A), with a minimum depth of 55 inches —far in <br />excess of the prime farmland requirements set forth in Rule 4.25. 14 R: 7370 -7371, 8004, 8441. <br />14 Additionally, PR -6's soil depths comply with the pre- mining soil depths of the Morgan <br />Property, which "ranged between 53 -58.6 inches." Opening Brief, p. 28. <br />22 <br />
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