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New Horizon Mine, C- 1981 -008 <br />Ten Day Notice #X11 - 140 - 182 -002 <br />January 31, 2011 <br />Page 4 <br />3. There is no C lift topsoil at the New Horizon Mine. As explained above, the Bench 1 Material <br />considered a suitable subsoil substitute for the eastern most 20 acres of the Morgan <br />Property. It has been sampled for suitability and will continue to be sampled as it is <br />replaced. This is documented in the findings PR6, Section IV. A., Topsoil. <br />The Division has determined that no violation of Rule 4.25.2(2) exists. <br />4. The approved revegetation plan for the New Horizon Mine is documented in Section B.XI., <br />Revegetation, of the PR6 Findings document, beginning on page 49. The entire 108 acres of the <br />Morgan property will be reclaimed to Cropland — Irrigated Alfalfa Hay for the duration of the <br />liability period. Alfalfa was commonly grown on the Morgan property prior to mining, and <br />continues to be grown on Morgan prime farmland that lies outside of the permit boundary. <br />Revegetation success for Cropland — Irrigated Alfalfa Hay will be evaluated by comparison with a <br />technical standard. Following final bond release, the landowners will be free to plant whatever <br />crops they wish, including corn. <br />The Division has determined that no violation of Rule 4.25.2(2) exists. <br />5. Post - mining irrigation of the Morgan property, as approved with PR6, is described in Section B. <br />XI., Revegetation, of the Findings document (pp. 50 -51). The designs were developed by WFC in <br />consultation with the NRCS. As illustrated on Map 2.05.4 -5, approximately 74 acres of the <br />Morgan property are to be irrigated using 3 siderolls, and the remaining 34 acres are to be <br />irrigated using "flood" irrigation. The term "flood," as used in the permit, entails a system of <br />gated pipe and furrows. Details of the two flood irrigation designs, including pipe size, furrow <br />lengths and spacing, are provided in Attachment 2.05.4(2)(e) 7 of the permit. Baseline surveys <br />were conducted on the Morgan property in 1987 and 1998/99, are detailed in Section 2.04.10 of <br />the permit. Subsection 6.3 describes the use, in 1998, of gated pipe and furrow irrigation <br />systems on Morgan lands that are in the permit boundary. No sideroll or pivot systems were <br />identified at that time, but the Morgans did install a sideroll on the westernmost field at a later <br />date (approximately 2000). <br />The Division has determined that no violation of Rule 4.25.5(2) exists. <br />6. Rule 4.14.2(1) states, "The final graded slopes shall approximate pre- mining slopes, or any lesser <br />slopes approved by the Division based on consideration of soil, climate, or other characteristics <br />of the surrounding area. Post - mining final graded slopes need not be uniform but shall <br />approximate the general nature of the pre- mining topography identified in 2.10.3(1)(j). <br />Pre - Mining Topography (Pre -MT) is provided on permit Map 2.04.9 -1 — Soil Baseline. The <br />Morgan property is located southwest of the intersection of BB Road and 2700 Road. Map <br />2.05.4 -5, Postmining Vegetation and Land Use, illustrates the approved Post - Mining Topography <br />(PMT). A side -by -side comparison of the two maps confirms that the PMT closely resembles the <br />Pre -MT, with the exception of a series of low drainage swales that existed originally but are not <br />being recreated. <br />