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TDN Response <br />New Horizon Mine <br />April 23, 2010 <br />Page 11 <br />land uses and vegetation also include irrigated hayland. In a letter dated December 23, 2005, during <br />the Midterm No. 5 review, the Division requested clarification regarding land use classifications, seed <br />mixes, and revegetation success standards. These outstanding issues are addressed in PR -6. Other <br />topics under review in PR -6 are the revegetation success standards, discussed under the Prime <br />Farmland section, and the proposed redesignation of irrigated pasture to either dryland pasture or <br />potential cropland for the post mining land use. These issues are being currently being evaluated. <br />Besides the outstanding issues with PR -6, there have been two revisions pertaining to the Land Use <br />and Revegetation Sections since PR -5 was approved. <br />Technical Revision No. 49 (TR -49) was submitted on November 3, 2003 and approved on December <br />15, 2003. This revision is not directly related to the Morgan property; however, Ms. Turner has <br />referenced this revision on numerous occasions. The revision approved a post- mining land use change <br />on the Martin property from irrigated pastureland to dryland pasture. The change was made because <br />Mr. Martin sold his water shares associated with the parcel in 1990 and allowed his fields to go dry. <br />Mr. Martin entered into a lease with WFC in 1994, and his parcel was included with the PR -5 <br />application submitted in 1999. WFC said they incorrectly labeled the land use as irrigated pastureland <br />when permitting work began for the New Horizon Mine PR -5; TR -49 was submitted to correct the <br />mistake. (See letter dated April 4, 2004 from Ross Gubka, WFC to Tom Kaldenbach, DMG). <br />Technical Revision No. 58 (TR -58) was submitted September 10, 2008. This revision proposed to <br />change the revegetation success standard for irrigated pasture from the technical standard of 1.5 <br />tons /acre to a reference area. TR -58 was deemed complete on September 18, 2008. A letter was <br />received from JoEllen Turner on October 6, 2008. She did not object to this revision. Mr. Lloyd, <br />another landowner, requested a copy of the revision, but he did not object. The Division sent three <br />adequacy letters to WFC. WFC responded to all Division questions and a proposed decision was <br />issued on May 13, 2009. The Decision was published in the San Miguel Basin Forum on May 21, <br />2009. No objections to the proposed decision were received by the Division. <br />Land Use and Revegetation Summary <br />PR -6 addresses issues of concern regarding land use and revegetation. This application is currently <br />under review and the Division is waiting for a response from WFC. <br />CONCLUSIONS <br />In summary, the Division is in compliance with its program requirements and has taken appropriate <br />action to ensure that WFC is following their approved permit. During the review of PR -5 a negative <br />determination for Prime Farmlands was made based upon MRCS information available at that time. <br />This determination was revised upon approval of TR -57 based upon new information from the NRCS. <br />The Division took immediate actions to change the terms of the permit upon notification that Prime <br />Farmlands may exist within the New Horizon permit boundary. On -the ground changes were made <br />immediately. The permitted topsoil salvage and replacement plan was revised to be in compliance <br />with the performance standards of Rule 4.25, Operations on Prime Farmlands; specifically 4.25.3, Soil <br />