Laserfiche WebLink
Although the currently approved postmining land use map (Exhibit 2.05.4-5, certified <br />2/7/2000), shows the entirety of the Morgan property would be irrigated under the <br />reclamation plan, WFC has indicated in discussions and correspondence that they intend <br />to submit a revised plan that would provide for irrigation during the liability period, of <br />only that portion of the Morgan property that WFC believes can be adequately irrigated <br />with the water rights available. The Division notes that Rule 4.25.2(3) requires that <br />revegetation success on Prime Farmlands be measured on the basis of crop production, <br />Rule 4.25.2(4) requires that the aggregate total Prime Farmland acreage shall not be <br />decreased from that which existed prior to mining, and Rule 4.25.5(2) requires that, <br />within 10 years after completion of backfilling and grading, Prime Farmland must be <br />used for crops commonly grown on surrounding Prime Farmland. <br />Due to certain inconsistencies between reclamation plan text and the postmining land use <br />man iii regard cuto Ene oSU111 iI ianu use ueJI .lorl IVr `llle Al ?dI3 IU ell ailU III <br />r p gnat g" p" p y, <br />order to clarify the applicable reclamation requirements, the following stipulation is <br />imposed: <br />STIPULATION 17 <br />UNLESS THE PERMITTEE DEMONSTRATES THAT SOME PORTION OF <br />THE 107.96 ACRE AREA OF PRESUMED PRIME FARMLAND ON THE <br />MORGAN PROPERTY WITHIN THE PERMIT AREA DOES NOT MEET <br />PRIME FARMLAND CRITERIA BASED ON ONE OR MORE OF THE <br />FACTORS LISTED IN RULE 2.04.12, THE ENTIRE 107.96 ACRE AREA IS <br />CONSIDERED PRIME FARMLAND IN ACCORDANCE WITH DRMS <br />REGULATIONS, AND WILL BE RECLAIMED AS IRRIGATED CROPLAND IN <br />ACCORDANCE WITH THE REQUIREMENTS OF RULE 4.25. <br />48