ENFORCE27618 - Laserfiche WebLink

Home Browse Search

Mr. Mitch Rollings January 22, 1998 Page 3 (Rule 2.05.6(6)(e)(ii)(A). Renewable resource lands aze aquifers, areas of aquifer recharge, areas for agricultural production of food and/or fiber, areas of silvicultural production of food and/or fiber, and pasture lands. Agricultural use is detned in Rule 1.04(9) as use of any tract of land for ...pasturing, grazing, and watering of livestock, and the cropping, cultivation and harvesting of plants. silvicultural production is not specifically defined in the Rules but is commonly defined, in The American Heritage Dictionary of the English Language (1979), as the care and cultivation of forest trees. Pasture lands are defined in Rule 1.04(71)(6) as land used for the production of adapted, domesticated forage plants for livestock grazing or hay production including maintenance such as seeding, irrigation, fertilization, brush control and pest control. Looking cazefully at Rules 4.20.1(1) and 4.20.3 DMG can make the following conclusions. MCC was conducting underground mining in a manner which provided for planned and controlled subsidence. In addition, they had adopted all measures within their subsidence control plan as approved by the DMG. The area of the landslide at "Muffler Rock" does not contain any structures. The area is characterized by native mountain shrub vegetation. This includes some coniferous trees, deciduous shrubs, and native grass understory. The trees in the area do not appear to have been the subject of any particular caze or cultivation on the part of the landowner. Therefore, silvicultural use does not appear to be occurring. Under the agricultural use definition the only applicable use which can tentatively be concluded is that of grazing. DMG is aware that Mautz uses the majority of his property for grazing of cattle. With a tentative determination that the area constitutes a renewable resource land due to its use for grazing purposes, the DMG must next determine if the value and reasonably foreseeable use of the land has been maintained (Rule 4.20.1(1). It is reasonable to assert that the value of the landslide area for grazing prior to the recent incidence of instability was low. Mature trees and steep slopes chazacterized the area prior to May 1997. Steep slopes inhibit soil horizon formation in spite of the fact that, as a north facing slope, more moisture is available than on adjacent south facing slopes. These conditions will allow minimal understory grass production which would be the focus of livestock grazing. Following the incidence of instability which occurred in May 1997 steep slopes continue to characterize the site, with the presence of fewer trees. These changes have not resulted in a reduction in the value of the area for grazing. The reasonable foreseeable uses of the azea prior to the recent incidence of instability were quite limited. The controlling factor to be considered in land-use decisions for this area is the fact that it is contained within a large, historic landslide mass which has been and will continue to be subject to episodes of potentially catastrophic mass movement. With this controlling factor, perhaps the best use is limited grazing of livestock. Following the recent incidence of instability the foreseeable use for limited grazing has not changed. Since the value and reasonably foreseeable use of the azea have not been reduced by the possible subsidence impact on the landslide at "Muffler Rock" no mitigation, restoration or rehabilitation measures are appropriate. Therefore, based on these facts and investigations DMG does not find a violation and has not taken enforcement action pursuant to the citizen complaint and TDN.