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Operations on Prime Farmland <br />There are two areas of designated Prime Farmland within the New Horizon Mine 2 permit area <br />as seen on Figure 2. The first is approximately 4.68 acres dominated by Begay soils (map unit <br />98A) in the northwest corner of the permit area (see permit Map 2.04.9 -1) on land owned by <br />WFC. Approximately 3.96 acres has been disturbed by mining operations. The larger area of <br />Prime Farmland is the 107.96 acres of Morgan property within the permit boundary, southwest <br />of the intersection of 2700 Road and BB Road, which is dominated by Darvey -Bari complex <br />soils (map unit 98E). WFC will manage and reclaim these areas in accordance with Prime <br />Farmland requirements of Rule 2.06.6 and 4.25, as discussed in Section XVIII of this document. <br />Water Rights and Usage <br />The water rights, usage and augmentation plan is presented in Section 2.05.6(3) of the permit <br />application. There are 11 surface water rights that have the potential of being impacted by <br />Western Fuels- Colorado, LLC (WFC) operations at New Horizon Mine 2. These are upgradient <br />of Sediment Pond 007 at the site. There are 29 water wells adjacent to the mine sites. Of these, <br />just two, W -009 and D -041 on Figure 2 of Tab 16, could be impacted by mining activities at the <br />New Horizon Mine 2 site. These two wells are 150 feet or less deep and derive their water from <br />near surface aquifers. At the end of five years of operation, WFC estimated that drawdown <br />might be one foot within a 0.7 mile radius of the center of the New Horizon Mine 2 pit. WFC <br />proposes, with owner consent, to monitor these wells to detect any changes in their hydrologic <br />conditions. <br />WFC will use the following alternative water sources to mitigate any ground or surface water <br />right impacts. WFC has available 114.5 acre -feet of surface water, which is a consumptive use <br />credit associated with WFC's ownership of 27 shares of the Colorado Cooperative Company <br />(CCC). WFC has an absolute 4 acre -foot storage right for the 001 reservoir at the New Horizon <br />Mine 1 area and is projected to have 18 acre -feet of pit pumpage during the non - irrigation season <br />available to them for use. WFC also has a 1.5 acre -foot ground water right associated with the <br />mined -out shop well. <br />It is from these alternative sources of water that the surface water augmentation plan has been <br />developed. No ground water impacts requiring mitigation are forecast. However, should a <br />ground water supply be diminished to such an extent that it precludes its use, WFC will replace <br />this supply with surface water available to them (only 62.1 of the 114.5 acre -feet of CCC water <br />is required for the surface water augmentation plan) or WFC will re -drill a new well. <br />The monitoring plan is described in Section B, Item II E, of this Findings Document. The plan is <br />detailed enough to show any impacts on adjacent water rights to the New Horizon Mine sites. <br />WFC has shown that it has adequate water rights to mitigate any discovered impacts and this <br />complies with the requirements of 4.05.15. <br />21 <br />