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Introduction <br />Section 2.05.5 <br />Postmining Land Use <br />This permit section addresses the requirements of Section 2.05.5 Postmining Land Use and <br />Section 4.16.3 Alternative Land Uses for the areas that will be affected by surface mining at the <br />proposed NHN mine area. <br />Postmining Land Use Regulation <br />Since the OSM and CMLRB regulations became effective in 1978, there have been various <br />permit applications submitted by WFC and its predecessor Peabody Coal Company (PCC) as <br />well as different regulatory definitions used to describe the different components of the mining <br />and reclamation process associated with the New Horizon mining operations. One area that has <br />resulted in significant confusion over the years is the changing definitions associated with land <br />use categories. In previous submittals, various names for different land uses have been used, <br />many which are not consistent with the current land use definitions found in Section 1.04 of the <br />current CDRMS regulations. In this permit application, WFC makes no attempt to correlate the <br />often conflicting terminology found in these previous submittals, but instead will ensure that all <br />discussions regarding land use are consistent with the current definitions found in Section 1.04. <br />From 1978 until 1983 the OSM used the current land use definitions found in the CDRMS <br />regulations, however, in 1983 OSM changed the definition of "Rangeland" which is still used in <br />Section 1.04.71 of the CDRMS regulations. As currently used by the OSM (30 CFR 701.5) <br />"Grazingland" consists of "land used for grasslands and forest lands where the indigenous <br />vegetation is actively managed for grazing, browsing, or occasional hay production." <br />"Pastureland or lands occasionally cut for hay" is defined as "land used primarily for the <br />production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut <br />and cured for livestock feed." Thus according to the OSM, the primary apparent difference <br />between " Grazingland" and "Pastureland" is that the former consists of lands primarily <br />dominated by "indigenous vegetation" while the later consists of vegetation primarily dominated <br />by "adapted, domesticated forage plants." which implies that " Grazingland" is primarily <br />dominated by native species while "Pastureland" is primarily dominated by introduced plant <br />species. <br />Recognizing this change as well as subsequent regulatory changes issued by OSM with respect <br />to the federal land use definitions and corresponding revegetation success standards in the 30 <br />August 2006 Federal Register, the CDRMS applied to the OSM to revise their land use <br />definitions to be consistent with those current being used in the federal program. To date, no <br />approvals have been received for these proposed regulatory changes and it is unknown when <br />these requested changes might be approved. However, in consultant meetings held with <br />CDRMS, WFC was verbally directed by use the current federal definitions in this permit <br />application as if they had been approved. <br />Section 2.05.5 Page 1 April 2011 <br />