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Based on OSM' s review of the file it is evident that mistakes were made during the review of the <br />initial permit application and review process, leading to an erroneous determination that no prime <br />farmlands were present within the permit area. However that error has since been corrected and the <br />permit now designates the entire Morgan Property as Prime Farmland. OSM' s review finds the <br />permit as currently written to be in compliance with Rule 2.04.12 because; throughout the permit, the <br />entire Morgan -owned area has been designated as prime farmland. <br />Regulatory Requirements: Prime Farmland Reclamation <br />For acreages within the permit designated as prime farmland, the regulations in Section 2.06.6(2) <br />require a plan for the mining and restoration of the land, with specific minimum requirements <br />stipulated under subparts (2)(a) through (2)(h). The subpart rules relevant to yields on prime <br />farmland are found in 2(f), 2(g), and 2(h); and 4.25. <br />Section 2.06.6(2)(f) of the Colorado Rules require submittal of studies or scientific data for <br />comparable soils, climate, and management that demonstrate the proposed reclamation will, <br />"achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before <br />mining. <br />Section 2.06.6(2)(g) of the Colorado Rules reads as follows: <br />"(2) ... Each plan shall contain, at a minimum: <br />5 <br />5 <br />(g) The productivity under high level of management, as determined by the U.S.D.A. <br />Natural Resources Conservation Service, of each prime farmland soil to be disturbed <br />by mining, for any crop to be used in determining success of revegetation on prime <br />farmland soil. Where the U.S.D.A. Natural Resources Conservation Service has not <br />made such a determination, productivity will be estimated based on crop yield <br />information for the prime farmland soils to be disturbed by mining from within the <br />permit area or the surrounding locality." <br />Part (2)(h) of section 2.06.6 includes the following language: "... prime farmlands shall be returned <br />to equivalent levels of yield... " <br />Section 4.25 of the Colorado Rules addresses revegetation requirements relevant to Prime Farmlands. <br />Section 4.25.5(3) specifies, at a minimum: <br />"Measurement of success in prime farmland revegetation will be determined based <br />upon the techniques approved in the permit by the Division under 2.06.6. At a <br />minimum, the following shall be met: <br />(a) Average annual crop production shall be determined based upon a minimum of 3 <br />years of data. Crop production shall be measured for the three cropping years <br />