Laserfiche WebLink
cropland" the applicant is required to contact NRCS to see if soil map units have <br />been designated as prime farmland. Id at (5). If the soil survey encompasses map <br />units designated as "prime" an applicant is required to submit an application <br />pursuant to special prime farmland permitting rules known as Section 2.06.6. Id. at <br />(5)(a)" <br />The Record reflects that WFC engaged a consultant to perform a soil survey <br />prior to entering the Morgan Property. It is undisputed that this survey reached an <br />incorrect conclusion when it determined that prime farmland soils were not present <br />on the Morgan Property. <br />C. Operational Requirements for Prime Farmlands. <br />The environmental performance standards in SCMRA and its regulations are <br />quite detailed, requiring that the operator restore land to a condition capable of <br />supporting the uses which it was capable of supporting prior to mining, or higher <br />or better uses. C.R.S. § 34- 33- 120(2)(b). Rule 4.25.1(1), which implements <br />Section 120 of SCMRA, specifies that soil handling practices must ensure that the <br />"land will have agricultural productive capacity which is equal after mining to <br />io Rule 2.06.6 provides additional detailed permit submittal requirements where <br />prime farmlands are to be mined. <br />18 <br />