2010-01-22_REVISION - C1981008 (2)

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C-1981-008 PR-06 PAR 22-Jan-2010 Page 19 of 26 landowner (or future landowner) chooses to do so after bond release, and describe the irrigation structures that would accommodate such future use. 55. In subsection 11.0 of Section 2.05.4(2)(e), narrative describes a parcel that is located north of BB Road and immediately to the west of the NH-2 permit boundary, portions of which were irrigated prior to mining and designated as Irrigated Pasture on the currently approved Exhibit 2.05.4-5. Narrative describes the 54 acre parcel as the James Martin property, but on Map 2.03.4-1 "Surface Ownership and Leases", the owner is listed as Dirk Richards. There is a block of property surrounded by the Richards property (approximately 5.5 acres) that is owned by WFC, which was also partially irrigated prior to mining and is designated as irrigated pasture in the currently approved reclamation plan. Text states that James Martin sold his CCC ditch shares in 1990 and since that time there has been no other irrigation water allocated to the parcel. Text further states that "WFC has elected to reclaim the mine disturbance area on the property back to dryland pasture", and that the change "will be a land use change from Irrigated Pasture to Dryland Pasture". If this is the case the provisions of Rule 2.5.05(l) and 4.16 must be addressed. The entire area in question including the Martin/Richards parcel and the small WFC inclusion has been reclaimed for several years. The 2005 aerial color photo base of Map 2.05.4(2)(e)-1, clearly shows a roughly square irrigated area of approximately 35 acres. The 35-acre parcel is currently approved as Irrigated Pastureland. We have several questions regarding this area: a) Please clarify ownership of the area in question and amend sub-section 11.0 accordingly. b) Please address the requirements of Rules 2.05.5(1) and 4.16.3 including documentation of landowner notification/consultation , for inclusion in the appropriate section of the permit. c) Please include narrative explanation regarding initial reclamation and irrigation management practices applied to the parcel to date. When was the parcel most recently irrigated and what is the present status of the stand? Is stand renovation or interseeding with dryland species warranted or planned? 56. A number of the terms describing postmining irrigated land types in subsection 2.0 of Section 2.05.4(2)(e), on page (e)-2 of the Redline text version seem to be incorrect, based on our understanding of the amended land use designations. "Cropland" at the end of the 3'd sentence should be "Pastureland Irrigated Hay". "Irrigated cropland" in the 4th sentence should be "Pastureland Irrigated Hay" and "pastureland" that immediately follows should be "Pastureland Irrigated Grass". "Irrigated Pasture Fields" in the sixth sentence should be "Pastureland Irrigated Hay fields". Please amend the wording as appropriate for clarity and consistency.