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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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WFC testified that the Lift A topsoil is the Barx soils originating from the Morgan property and <br />it will be utilized on the entirety of the 108 -acre Morgan Property as the final redistributed <br />topsoil. Id. <br />In PR -6, reclamation success is evaluated using a set productivity standard of 1.84 <br />tons /acre first cutting.15 R: 7818 -7819, 7860 -7865. The Board considered evidence that the <br />production success standard for irrigated cropland is a technical standard and was determined <br />based on a combination of permit area landowner yield estimates, NRCS evaluation and <br />approval, and Plaintiffs' records for alfalfa first- cutting production. Id. This productivity <br />standard must be achieved during each of the last three years of the 10 -year liability period in <br />order for WFC to receive bond and site release. Id. Thus, WFC has a vested interest in ensuring <br />that the productivity targets will be met following reclamation. R: 8442. <br />Finally, the Board considered evidence that the aggregate total prime farmlands acreage <br />on the Morgan Property would not be decreased in PR -6 from what existed pre- mining. R:8442. <br />According to a 1998 pre -mine soil survey, of the 108 -acre Morgan Property, approximately 20 <br />acres was not Barx soil, and therefore not prime farmland soils. Id. This is approximately the <br />same amount of acreage on the eastern portion of the Morgan Property that is being reclaimed <br />using the mixed topsoil over the Bench 1 subsoil substitute. Id. Because there will be no <br />reduction of the aggregate prime farmland soils within the 108 -acre Morgan Property, the Board <br />properly found that the plans in PR -6 complied with the Act and Rules. <br />15 To accommodate Plaintiffs, the productivity reference was removed from PR -6. <br />23 <br />
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