2011-06-02_APPLICATION CORRESPONDENCE - C2010089 ‎(22)‎

• Permit No: C2010089
• IBM Index Class Name: Application Correspondence
• Doc Date: 6/2/2011
• Doc Name: Post-Mining Land Use
• Section_Exhibit Name: Section 2.05.5
• Email Name: MLT
• Media Type: D
• Archive: No

land use - primarily agriculture consisting primarily of improved Dryland Pasture and/or
Irrigated Pasture where sufficient irrigation waters are available, site conditions follow and
where such levels of management are consistent with the landowners wishes.
Postmining Land Use
A map showing the existing premining land uses along with all of the proposed postmining land
uses is found on Map 2.05.5 -1 - Postmining Land Use. As depicted on this map, most of the
existing land uses found on the NHN Mine Area will be reclaimed to similar plant communities
and land uses with some exceptions. For example, on the Glasier property, the landowners has
leased the land to WFC but specifically withheld the water rights which are currently associated
with this site and which have been transferred to his property located several miles away located
on the San Miguel River upstream of the power plant. As a result it will be impossible without
the water rights to reclaim any of the existing Irrigated Pasture on the Glasier property to
Irrigated Pasture as there is no water available to do so. WFC believes that according to the
definition of Pastureland as found in the DRMS regulations at 1.04.7.1 and the OSM regulations
at 30 CFR 701.5 that this does not constitute a change in land use in as much as irrigation is one
of only several management inputs that define "Pastureland" which is dominated by an
assemblage of "adapted, domesticated forage plants." Therefore this change, by definition is
technically not a change in land use.
However, in the following discussion, to ensure that there is no confusion regarding the
reclamation plan being proposed by WFC, the areas that are currently defined as Irrigated
Pastureland (PLI), which will be reclaimed as Dryland Pasture (PLD) are indicated as such and
are shown on Map 2.05.5 -1, Postmining Land Use Map as proposed changes in land use. As are
summarized in the following discussion, WFC is hereby requesting that all of the 59.16 acres of
"Grazingland Sagebrush" (GL -SB) which will be disturbed by mining will be reclaimed to
Dryland Pasture (PLD) and for 4.05 acres of residential and roads (RS & RD) to be converted to
Dryland Pasture (PLD). In addition, WFC is requesting that certain areas currently defined as
"Grazingland - Subirrigated" (GL -SI) which correspond to those areas defined in the Vegetation
Resources Section found at 2.04.10 and which are defined as jurisdicitonal and non jurisdictional
wetlands will be reclaimed as either Dryland Pasture (PLD) or Irrigated Pasture (PLI) depending
on the site conditions and landowners desires. As are discussed in Permit Section 2.04.10, there
is a high degree of similarity between these Wetland Vegetation types and the Irrigated Pasture
Vegetation plant community, which in this section are classified as Grazingland - Subirrigated"
(GL -SI). The location of these proposed changes are shown on Map 2.05.5 -1, Postmining Land
Use Map and are discussed in more detail in the following narrative.
Glasier Property
On the Glasier property, approval is hereby requested to change the existing land uses on four
land use types; the conversion of " Grazingland Sagebrush" (GL -SB) to Dryland Pasture (PLD);
the conversion of Irrigated Pasture (PLI) to Dryland Pasture (PLD), the conversion of the
existing jurisdictional and non jurisdictional wetlands to Grazingland -- Subirrigated (GL -SI) in
this postmining land use section, and for conversion of all residential/agricultural disturbance
areas and roads (RS & RD) to Dryland Pasture (PLD). As shown on Map 2.05.5 -1, Postmining
Land Use, this change is requested on Sagebrush parcels 1 (2.75 acres) and 2 (13.05 acres),
which will be reclaimed as Dryland Pasture (PLD). The two existing Irrigated Pasture (PLI)
Section 2.05.5 Page 3 April 2011