2010-04-23_ENFORCEMENT - C1981008

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TDN Response New Horizon Mine April 23, 2010 Page 6 combined topsoil and subsoil minimum depth of 48 inches, with approximately 22 inches of mixed Lift A and B material over a minimum of 26 inches of suitable subsoil (Bench 1 material). For all disturbances after February 2008, at the direction of the Division, WFC began salvaging and replacing an average of 16 inches of Lift A, 36 inches of Lift B and returning a minimum of 3 feet of Bench 1 Material to the Morgan property (p. 2.04.9 -25 and 26). WFC will continue to sample the suitability of replaced subsoil and topsoil according using the NRCS suitability criteria for Prime Farmlands. Notice of the Division's proposed decision for TR -57 was published on March 12, 2009. Objection letters from Frank and Mary Lou Morgan, Mike Morgan and JoEllen Turner were received on March 18 and 29, 2009. The Division scheduled a public hearing before the Mined Land Reclamation Board for April 8 and 9, 2009, and provided the objectors with notice of the hearing on March 20, 2009. The issue was deferred to the May Board hearing, and a meeting between the Morgans, WFC and the Division was convened in Nucla on April 14, 2009. At the conclusion of the meeting, the Morgans agreed that topsoil salvage and handling operations were being conducted in accordance with the plan established. The Morgans and Ms. Turner withdrew their objections on April 22, 2009. Permit Revision No. 6 (PR -6) was submitted on November 12, 2009 and deemed complete on November 23, 2009. PR -6 was submitted to clarify post mining land uses, sediment control issues, final contours and prime farmland revegetation standards. Notice of PR -6 was published in the San Miguel Forum on December 3, 10, 17, 24 and 31. The comment period ended on January 31, 2010. Many objection letters were received and Ms. Turner requested an informal conference. The informal conference was held in Nucla, Colorado on February 18, 2010. Approximately 40 people attended including local citizens, an NRCS representative, OSM representatives and WFC representatives. The primary concerns voiced at the conference were that attendees wanted irrigated land pre- mining to be returned to irrigated land post- mining. Ms. Turner voiced her concerns regarding the topsoil handling, and vegetation success standards for the prime farmlands on the Morgan Property. She was also concerned that WFC was proposing to create an area of potential cropland. Potential cropland are parcels where WFC would replace the topsoil as required by the prime farmland criteria, restore the land for irrigation capability, but where WFC does not have sufficient water shares to support an irrigated crop. As noted above, irrigation can be a critical component of prime farmlands in western Colorado. A major issue in the PR -6 review is directed at irrigation including the questions of how many shares of water are needed to sustain agricultural productivity; how many shares are available to WFC; and lastly how many acres will WFC irrigate. There is a conflict between the Morgans and WFC regarding how many acres can be irrigated with one share of water. The Division is working closely with the NRCS to assist us with the resolution of the technical questions. The reclamation success standard to be used for prime farmlands is another outstanding issue to be resolved with PR -6. The currently approved revegetation success standards on the Morgan Property are for production on irrigated hayland and for cover and production on the irrigated pasture. These standards were approved with PR -5. The irrigated hayland standard will apply to prime farmlands. In PR -6, WFC has proposed to use a reference area for a standard on the irrigated hayland.