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008, Attachment 2.05.4(2)(e)-4, would be suitable to document WFC's right of entry. (Rule <br />2.03.6(1)). <br />Response - This information is included as Appendix 2.05.4(2)(e)- 3 - Evidence of Right <br />of Entry for Dryland Pasture Reference Area Lease Between WFC and Montrose County <br />Regional Airport. <br />4. Rule 4.15.7(3)(b)(iii) requires that reference areas selected for reclamation success <br />comparison should approximate the vegetation characteristics which reflect reclamation plan <br />objectives. The permittee must demonstrate that the reference area selected reflects proper <br />land management and is representative of the ecological site conditions for the reclaimed <br />area as determined by pre-mining inventories and the reclamation plan. The operator must <br />demonstrate that the management of the reference area is under the permit's control and, <br />will remain under the permittee's control throughout the performance bond requirements of <br />3.02.3. <br />Response - This information is included in response to the previous concern. <br />The Division questions the applicability of the Dryland Reference area located at the <br />Hopkins Field Airport as representative of the pre-mining dryland pasture land use. The soil <br />of the proposed dryland pasture reference area is primarily Barx fine sandy loam 1-3% slope. <br />The Montrose County soil survey does not provide expected productivity values for dryland <br />pasture on this soil mapping unit. The proposed dryland pasture reference at the Hopkins <br />Field has a considerable shrub component. The post-mining land use for areas on the <br />proposed permit area is dryland pasture. Shrubs should make up a minor component of the <br />dryland pasture "community". Soils mapped in the proposed mining area do not include <br />Barx soils. The Division recommends that WFC locate a representative Dryland pasture <br />reference area that will remain under the operator's control. It is desirable and highly <br />beneficial to use a reference area that can be incorporated into the permit area. <br />Response: WFC acknowledges that "it is desirable and highly beneficial to use a <br />reference area that can be incorporated into the permit area" and has been trying to <br />accomplish this goal since WFC purchased the New Horizon Mine in 1992. The reality of <br />the situation is that both WFC, the DRMS, as well as numerous consultants hired by <br />WFC over the years have made extensive searches to accomplish this objective, only to <br />find out that there is nothing better than the Dryland Pasture Reference Area which is <br />located near the Nucla airport. <br />WFC takes exception with several of the concerns and comments raised by the DRMS <br />regarding the "applicable" nature of this site as being "representative of the pre-mining <br />dryland pasture land use." The regulations at Rule 4.15.7(3)(b) specifically allow for <br />reference areas to be established based upon proposed post-mining land use changes. <br />They state that "the demonstration of statistical equivalency with pre-mining disturbed <br />area cover and herbaceous production is not required." Therefore, the issue of the site is <br />"representative of the pre-mining dryland pasture land use" is essentially irrelevant. <br />Response to First Adequacy Review Page 41