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<br /> <br />Mr. Ross Gubka -3- November 28, 1995 <br />Western Fuels-Colorado <br />included. If any of this 60.57 acres includes land designated as prime farmland, <br />Rules 2.06.6 and 4.25 shall need to be met. <br />c. It is unclear why no topsoil will be replaced on 18.73 acres, "Dry Rangeland Pasture <br />(Suitable Subsoil):' Please provide an in-depth explanation of this variance from <br />topsoil application. Please include an explanation of how the requirements of <br />Rule 4.06.4(2) will be met. <br />5. Page 2.05.4(2)(e)-20 lists Russian Olive as a noxious weed. Co~rmation with the CSU <br />Extension Agency in Montrose County finds no listing of Russian Olive, Elaeagnus <br />augustifolia L., as a noxious, "species of concern;' or problem species. Please explain this <br />designation of Russian Olive as a noxious weed. <br />6. Page 2.05.4(2)(d)-7 in the approved permit states that 15.0 acres south of County Road 5 <br />have been designated prime farmland. TR-28 proposes to return only 6.73 acres to <br />prime farmland. Review of Rules 2.06.6, 4.25 and 34-33-120(2)(g) do not provide for <br />landowner waiver of prime farmland replacement. Prime farmland determination is <br />made by the Secretary of the U.S. Department of Agriculture, and is considered a <br />national resource (Rule 4.25.1(1)). Although Western Fuels has included waivers from <br />surface landowners providing that land not be returned to prime farmland, the Division <br />does not believe this to be appropriate. <br />A change from prime farmland to a dryland pasture would constitute a change in post- <br />mining land use. Demonstration required by Rule 4.16 would need to be made. Rule <br />4.25 does not appear to allow for a change in post-mining land use for prime farmland. <br />If you have questions or wish to discuss the Division's adequacy concerns further, please call. <br />Sincerely, <br />,\ \ <br />~-. ~ ~./, <br />J net H. inns <br />E vironme tal Protection Specialist <br />\~~'~\NEW-HRZNJHB <br />