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evaluation addresses Ms. JoEllen Turner's allegations that DRMS has approved reclamation plans <br />(soil handling, cropland re- establishment, and landuse practices) that are not in accord with <br />Colorado's approved state program for administering the requirements of the Surface Mining <br />Reclamation & Control Act (SMCRA) of 1977, as particularly related to restoring the agricultural <br />capability of the Morgan family's prime farmlands after mining and reclamation. The Morgan's own <br />approximately 108 acres of irrigated alfalfa croplands within the New Horizon Mine permit area <br />(State Permit C- 008 -81) that are in the process of being mined. The prime farmland reclamation <br />plans within State Permit C- 008 -81 were most recently updated via permit revision application PR -6 <br />approved by the State last fall (November 2010). This evaluation report is primarily focused on the <br />review and adequacy of the currently approved permit reclamation plans as revised by PR -6, as <br />related to the Morgan's prime farmlands within the permit area, and uses as the criteria for this <br />review the Colorado State program regulations. For a listing of pertinent definitions as used in this <br />review, please refer to Appendix A attached to this report. <br />Prime Farmland Designation <br />Section 2.04.12 of the Colorado Rules requires a preapplication investigation of the proposed permit <br />area to determine whether lands within the area may be prime farmland. DRMS is required to, in <br />consultation with the U.S. Soil Conservation Service determine the nature and extent of the <br />required prime farmland investigation. <br />Section 2.04.12(5) of the Colorado Rules requires, "if the investigation indicates land within the <br />proposed permit area may be prime farmland historically used for cropland, the applicant shall <br />contact the U.S. Soil Conversation Service to determine if a soil survey exists for those lands and <br />whether the applicable soil map units have been designated prime farmland. If no survey has been <br />made for the lands proposed to be affected by surface operations or facilities, the applicant shall <br />cause such a survey to be made in accordance with Rule 2.06.6(2)." <br />Section 2.04.9(10.4)(2), page 2.04.9 -15 of the permit includes the following statements: "The fields <br />southwest of the intersection of BB Road and 2700 Road have sufficient prime farmland soil 98E <br />such that the entire area of fields is considered prime farmland soil (total of 107.96 acres disturbed). <br />These lands are owned by Morgan. Based on the fact that all requirements in the definition (Rule <br />1.04(95)) are met, the 107.96 acres of Morgan property (all Morgan property in the permit area) is <br />recognized to be prime farmland. As is seen from Map 2.04.9 -1, some soils in these fields are not <br />prime, but all fields in this area are considered to be prime farmland. Although Western Fuels mined <br />the eastern portion of these areas prior to the prime farmland designation, all lands on the Morgan <br />property within the permit area that are disturbed by mining will be restored to prime farmland <br />standards." <br />2 Now known as the Natural Resource Conservation Service (NRCS) <br />4 <br />