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24. PR-6 contains a reclamation plan for the prime farmland areas, with year-by-year <br />plans for the 10-year bond release period. The plan contains detailed soil handling, soil <br />suitability testing and reconditioning procedures. The plan was developed with input from <br />the NRCS, the Division, the Morgan family, and Western Fuels. <br />25. The Division required Western Fuels to provide more detail on soil suitability as <br />part of PR-6. <br />26. For Western Fuels' reclamation bond to be released, the Morgan property must <br />produce 1.84 tons/acre of alfalfa for the last three years of the ten-year reclamation period. <br />The production value was part of the approved permit determined via discussions with the <br />Morgan family, area farmers, and the local NRCS. <br />27. Overall, since the Morgan property was determined to be prime farmlands the soil <br />has been handled appropriately. A detailed management plan for the irrigated alfalfa hay <br />fields is in place. PR-6 contains adequate plans and performance standards for the prime <br />farmlands within the permit area. <br />Public Participation <br />28. The Proposed Decision describes the public comment process and the overall <br />review process for PR-6 on pages 6-9. <br />29. Western Fuels has complied with all the required public notice and landowner <br />notice procedures. <br />30. The Division and Board have complied with the required notice and hearing <br />procedures. <br />31. The public has participated in the PR-6 review and decision process. <br />CONCLUSIONS OF LAW <br />32. The Board has jurisdiction over this matter under §§ 34-33-104, 105, 116, and 119, <br />of the Colorado Surface Coal Mining Reclamation Act, Sections 34-33-101, et seq., C.R.S. <br />(2010) (the "Act") and Rule 2.07.4 of the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining ("Rules"). <br />33. The Act and Rules have strict environmental protection and performance <br />standards. See §§ 34-33-111 and 120, C.R.S. and Rule 4. Western Fuels must comply with <br />the Act and mine according to the provisions of its permit. All of PR-6 must comply with <br />the requirements of the Act and Rules. <br />34. After a hearing (as described in §34-33-119(5) and Rule 2.07.4(3)(b)), the Board <br />must affirm, modify, or reverse the Division's proposed decision. Here, the Board affirms <br />the Division's proposed decision regarding PR-6. Overall, there are no grounds to modify or <br />reverse the Division's decision. <br />35. Regarding the post mining land use, Rule 2.05.5 provides, among other things, that <br />the reclamation plan must "contain a detailed narrative of the proposed use, following <br />reclamation of the land within the proposed permit area." Rule 2.05.5(1)(a). Section <br />Western Fuels <br />Order 4 <br />C-1981-008