2022-04-29_PERMIT FILE - C2010089 (19)

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Section 2.05.5 Page 4 December 2021 (RN-02) times more than they are currently getting from their Sagebrush lands and 2.83 times more than they are currently averaging from their Dryland Pasture. Since DRMS regulations require that lands disturbed by mining be reclaimed to their highest potential uses consistent with the surface owners’ plans, NHN will comply with the landowners’ wishes. Due to landowners’ wishes on the ERMR-Meehan and Garvey Properties, the existing Sagebrush vegetation 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 to these vegetation and land use types described 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 and 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 they were capable of supporting before mining. Letters from the original landowners within the NHN Mine permit area (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. 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, there have been declines in the amount of Irrigated Pasture/Cropland on this property as the land has been sold and either through the sale of the water rights or the absence of an owner living on the property. On the Garvey property, due to abundant water rights and the fact they have previously lived on the land, there will be no conversion of Irrigated Pasture/Cropland to dryland pasture. NHN acknowledges that since the current Montrose County land use classification of “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 adjacent land use patterns and trends as well as the policies of Montrose County. Conversion of Irrigated Pasture/Cropland areas to Dryland Pasture will not present an actual or probable hazard to public health or safety, nor will it result in an actual or probable threat of water flow diminution or pollution contrary to any state or federal laws, policies or regulations. Such a conversion will not alter or result in any unreasonable delays in reclamation and will not have adverse impacts on