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Operations on Prime Farmland Originally, when Peabody Coal operated the Nucla Mine, they had identified approximately I S acres in the southeast portion of the New Horizon Mine 2 permit area as prime farmland, due to the occurrence of irrigated Barx soils. After an extensive review by the Natural Resources Conservation Service (NRCS), Westem Fuels-Colorado, and the Division, a determination was made that the Barx soil within the perntit area vicinity is not prime farmland, and that the original classification of prime farmland was in error. An October 14, 1992 letter from the NRCS District Conservationist (Permit Attachment 2.04.9-6), documents this determination. The area has now been reclassified as irrigated cropland, however, the land itself was reclaimed to prime farmland standards as far as topsoil handling and depths are concerned. A limited acreage of the Barx soil occurs within the PR-OS revision area, within the Darvey-Bari complex map unit. Soils within this map unit will be salvaged and replaced using a two lift procedure, with a total projected replacement thickness of approximately 3.4 feet, for lifts one and two combined. Water Righis and Usage The water rights, usage and augmentation plan is presented in Section 2.05.6(3) of the permit application. There aze 11 surface water rights which have the potential of being impacted by Westem Fuels operations at New Horizon Mine 2. These aze upgradient of Sediment Pond 007 at the site. There are 29 water wells adjacent to the mine sites. Of these, just two, W-009 and D-041 on Figure 2 of Tab 16, could be impacted by future mining activities at the New Horizon Mine 2 site. These two wells aze 150 feet or less deep and derive their water from neaz surface aquifers. At the end of five years of operation, Westem Fuels estimated that drawdown might be one foot within a 0.7 mile radius of the center of the New Horizon Mine 2 pit. Western Fuels proposes, with owner consent, to monitor these wells to detect any changes in their hydrologic conditions. Western Fuels-Colorado will use the following alternative water sources to mitigate any ground or surface water right impacts. Western Fuels has available 114.5 acre-feet of surface water, which is a consumptive use credit associated with Western Fuels' ownership of 27 shazes of the Colorado Cooperative Company (CCC). Western Fuels has an absolute 4 acre-foot storage right for [he 001 reservoir at [he New Horizon Mine 1 area and is projected to have 18 acre-feet of pit pumpage during the non-irrigation season available to them for use. Westem Fuels also has a 1.5 acre-foot ground water right associated with the mined-out shop well. It is from these alternative sources of water that the surface water augmentation plan has been developed. No ground water impacts requiring mitigation aze forecast. However, should a ground water supply be diminished to such an extent that it precludes its use, Westem Fuels will replace this supply with surface water available to them (only 62.1 of the 114.5 acre-feet of CCC water is required for the surface water augmentation plan) or WFC will re-drill a new well. The monitoring plan is described in Part II, Section B, Item II.C., of this Findings Document. The plan is detailed enough to show any impacts on adjacent water rights to the New Horizon Mine sites. Western Fuels-Colorado has shown that it has adequate water rights to mitigate any discovered impacts and this complies with the requirements of 4.05.15. I3