2011-08-04_ENFORCEMENT - C1981008 (3)

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(a) "Cropland" means land used for the production of adapted crops for harvest, alone or in rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. "Prime farmland" means land which has been historically used for cropland and that, in accordance with 7 C.F.R. 657, as amended, has the best combination of physical and chemical characteristics of producing food, feed, forage, fiber and oilseed crops, is also available for these uses and as interpreted by the USDA Soil Conservation Service for Colorado. Evaluation Discussion: State of Colorado Regulations and Contents of Permit C- 008 -81 Section 2.10.3(1) (j) requires a map of the existing topography within the area to be affected during the estimated life of the operation and adjacent lands. This map shall be in sufficient detail so as to represent slopes and configuration of all surface features within the area to be affected. A depiction of the premising topography can be observed on Maps 2.04.3 Premine Land Use' & Map 2.04.7 -1A `Hydrologic Monitoring Site Location Map with Domestic Wells'. Premine topography is also depicted on Map 2.05.3(3) -1 `Surface Water Hydrology (Surface Water Features and Controls)' for areas that have not been disturbed up to 2007. The Premine topography is shown on 5 -foot contours. The permit meets the requirements of state regulation 2.10.3(1) (j). However, it should be noted that the approved permit does not have a map specifically identified as a depiction of the premising topography, as required by 2.10.3(1)(j), i.e. to determine premine topography, a reviewer must observe the presumed premine topography as shown as background on other maps not identified for this purpose. Section 2.05.4(2)(c) of the state regulations requires a plan for backfilling, soil stabilizing, compacting, and grading with postmining contour maps and appropriate cross sections that are typical and representative of the anticipated character of the final surface configuration or the proposed permit area. Section 2.05.4(2)(c) of the approved permit includes a plan for the completion of backfilling, soil stabilizing, compacting and grading with postmining contour maps and appropriate cross sections. On Map 2.05.4 -1 "Existing & Projected Reclamation Contours New Horizon Mine #2 Mine," the postmining topography is shown with appropriate cross sections. Therefore the permit is in compliance with the requirements of 2.05.4(2) (c). Section 2.05.5(1)(a)(i) of the regulations addressing Postmining Land Uses, requires a Plan that contains a detailed description of how the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land uses. Section 3.0 `Adjacent Land Use' of the approved permit states that the fouuer Irrigated Hayland for the Morgan property should be classified as Irrigated Cropland due to the majority of soils on that property being prime farmland soils. In permit section 10 `Prime Farmland Determinations' it is stated that the entire area of the fields considered as prime farmland soil (total of 107.96 acres disturbed) are owned by Morgan, and that those fields will be restored to prime farmland standards. The postmining topography in the permit shows that the postmining surface configuration of the Morgan property is appropriate for its approved postmining land use The Page