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New Horizon Mine, C- 1981 -008 <br />Ten Day Notice #X11 - 140 - 182 -002 <br />January 31, 2011 <br />Page 5 <br />During the liability period, 34 acres on the Morgan property will be irrigated using gated pipe <br />and furrows. Sideroll systems will be used to irrigate the remaining 74 acres. Alfalfa will be <br />grown on the entire 108 acres. However, following final bond release, the Morgans will be able <br />to choose both the type of crop and the method of irrigation to be used. <br />The Division has determined that no violation of Rule 4.14.2(1) exists. <br />7. Soils baseline data used for the Morgan property was collected in 1998 and included in Permit <br />Revision No. 5 as discussed in our response to OSM's Ten -Day Notice X10 - 140 - 182 -003. Section <br />III. E., Soils of the PR6 findings (page 16) also summarizes the 1998 survey. <br />The Division has no reason to believe the 1998 baseline data was false. The Division has no <br />reason to believe the information is not accurate and made Finding Number 1 as required by <br />Rule 2.07.6(2)(a) on page 22 of the PR6 findings document. <br />8. The description of land capability and productivity on the Morgan property was submitted and <br />approved with PR5 in Sections 2.04.3, Site Description and Land Use Description and Section <br />2.04.10 Vegetation Information for New Horizon Study Area. In PR6, the narrative was revised <br />for consistency with the land use definitions in Rule 1.04(71). Permit Maps 2.04.3, 2.04.10 and <br />2.04.10 -1 were revised with PR6 to read Irrigated Cropland "IC" for the Morgan property. <br />The Division has determined that no violation of Rule 2.04.3(2)(b) exists. <br />The Division has no reason to believe the information is not accurate and made Finding Number <br />1 as required by Rule 2.07.6(2)(a) on page 22 of the PR6 findings document. <br />9. OSM references 34 -33 -102 in this allegation. This section is the Legislative declaration for the <br />Colroado Surface Coal Mining Reclamation Act. The part OSM seems to be referencing states, <br />"...assure that the rights of surface landowners and otherpersons with a legal interest in the land <br />or appurtenances therto are fully protected from such operations... ". To fulfill this declaration, <br />Rule 2.03.6 requires that each application contain a description of the documents upon which <br />the applicant bases his or her legal right to enter and begin surface coal mining operations in the <br />permit area. WFC provided a copy of the Memorandum Agreement for Coal Mining Lease with <br />Frank and MaryLou Morgan dated September 10, 1998. The lease is found in Attachment <br />2.03.6 -1 of the permit. <br />Landowner coordination is required by Rule 2.05.5(1)(b). As documented in the PR6 findings, <br />Section XII., WFC fulfilled this requirement. <br />The Division finds no violation of 34 -33 -102. <br />10. The premining land uses of the Morgan property were 50.6 acres of Irrigated hayland, 45.3 acres <br />of irrigated pastureland, 9.4 acres of ponds /swales and 1.6 acres of farmstead. In the <br />