2010-01-20_REVISION - C1981008 (2)

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structures for the reclamation plan and the postmining land use, please amend the map or provide a supplemental map to depict the irrigation structures, with notation to distinguish between facilities proposed as permanent and facilities that are temporary for use during the liability period. The base map for depiction of the irrigation infrastructure should include topographic contours as depicted on Map 2.05.4-1 "Existing & Projected Reclamation Contours New Horizon #2 Mine". 22. In association with review of a prior permitting action, the Division had noted that the proposed acreage of irrigated land postmining in the NH-2 permit area exceeded the acreage of premining irrigated land by approximately 70 acres, and requested that WFC assess the status of irrigation water availability, to ensure that mined lands reclaimed to irrigated pasture would likely continue to be irrigated after bond release. WFC subsequently evaluated the extent of acreage that could be properly irrigated to maintain the irrigated stands on the permit area following bond release, based on the acreages and water shares owned by permit area landowners. Based in part on the results of this evaluation, WFC has proposed a revised revegetation/postmining land use plan for PR-6, reflected in the amended Map 2.05.4-5. Under the proposed revision plan, the postmining irrigated acreage in the permit area is substantially less than the premining irrigated acreage (309 acres vs. 556 acres approximately, excluding drainage swales, as calculated by the Division). A portion of the postmining reduction in irrigated land is due to WFC ownership of approximately 70 acres in the northwest portion of the NH-2 permit area and approximately 29 acres in the southeast portion of the NH-2 area. Both of these areas were predominantly irrigated land prior to mining, which WFC proposes in PR-6 to reclaim to dryland pasture. Upon initial review, we believe certain aspects of the amended plan with respect to the proposed increase in dryl and pasture acreage require further explanation and clarification. Assuming that the extent of irrigated lands proposed by WFC does represent prudent management, and that the extent of dryland pasture and "irrigated pasture depicted on proposed Map 2.05.4-5 is appropriate for the bond liability period, WFC still must demonstrate that the affected lands will be restored to conditions that are capable of supporting the uses which they were capable of supporting before any mining, pursuant to Rule 4.16.1. This requirement would apply to lands which may have been infrequently or patchily irrigated prior to mining due to limited irrigation water availability; if the landowner was able to apply some irrigation water to some portions of his land prior to mining, the same capability should exist after bond release. We have the following requests: a) For the 38.97 acre Benson property north of BB Road and west of 2700 Road, narrative in sub-section 2.0 of Section 2.05.4(2)(e) states that site grading would be performed so that "irrigation water could be brought to the site in the future, if the owner obtains these rights". Please describe the existing and planned irrigation structures (i.e.) laterals, ditches and pipes, etc., that would 13