2018-02-08_PERMIT FILE - C2010089A ‎(3)‎

• Permit No: C2010089A
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/8/2018
• Doc Name: Post Mining Land Use
• Section_Exhibit Name: Section 2.05.5
• Media Type: D
• Archive: Yes

Dryland Pasture will be the primary postmining vegetation type. Due to landowners' wishes on
the Glasier, ERMR-Meehan and Garvey Properties, the existing Sagebrush Vegetation type will
be reclaimed to an improved Dryland Pasture. Dryland Pasture was chosen as the primary
postmining vegetation type due to the landowners' wishes to improve the agricultural potential
of their lands and in order to encourage "prompt establishment of vegetative cover and recovery
of productivity levels compatible with the approved postmining land use" (Rule 4.15.1(2)).
Irrigated Pasture/Cropland will be established on areas identified as corresponding in these two
vegetation and land use types in Sections 2.04.3 and 2.04.10 baseline land use and vegetation
studies. The various plans for backfilling, grading and topsoil redistribution (Sections
2.05.4(2)(c) and (d)) will provide the basis for the potential productivity of the reclaimed lands.
Upon meeting successful revegetation requirements for the Irrigated Pasture/Cropland release of
NHN's regulatory liability, these lands may be converted by the landowners to other vegetation
or land use types based upon the desires of the surface owners. Successful revegetation of
Dryland Pasture and Irrigated Pasture/Cropland will ensure that the reclaimed lands are capable
of supporting the highest possible uses which they were capable of supporting before mining.
Letters from the three original landowners within the NHN Mine permit area, George Glasier,
Thomas Meehan and Stan Garvey, approving the postmining land uses are provided in Appendix
2.05.5-1. However, ERMR has since purchase the Meehan property from Thomas Meehan.
Therefore, the Meehan landowner letter is provided in Appendix 2.05.5-1 for historic reference.
Inquiries to these owners as well as adjacent landowners and individuals during 2008 and 2009
baseline land use and vegetation studies and discussions with local residents pertaining to NHN's
postmining land use, indicated that the postmining land use and establishment of Dryland Pasture
are compatible with their wishes.
On the ERMR-Meehan property, the previous landowner Thomas Meehan requested that the
Irrigated Pasture/Cropland be reclaimed to Dryland Pasture and the current landowner ERMR
concurs with this request. As documented in Section 2.04.3, on this property as well as on the
Glasier property, there have been declines in the amount of Irrigated Pasture/Cropland as the
land has been sold and either through the sale of the water rights or the absence of an owner who
lives on the property, there have been significant declines in the amount of Irrigated
Pasture/Cropland present on these two tracts. On the Garvey property, due to abundant water
rights and the fact that they have previously lived on the land, there will be no conversion of
Irrigated Pasture/Cropland to dryland pasture.
NHN acknowledges since the current Montrose Co. land use classification of these lands as
"General Agricultural District A" does not distinguish between irrigated and dryland pasture land
uses, the conversion of Irrigated Pasture/Cropland to dryland pasture will be consistent with
Section 2.05.5 Page 4 January 2018 (PR -02)