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2.04.12 Prime Farmland Investigation <br />• Requirements for Negative Determination <br />(1) The applicant shall conduct a pre-application investigation of <br />those areas proposed to be disturbed by surface operations or facilities to <br />determine whether lands within the area may be prime farmland. (2) Land <br />shall not be considered prime farmland where the applicant can demonstrate <br />one of the following: <br />(a) The land has not been historically used as cropland; <br />(b) The slope of the land is 10 percent or greater; <br />(c) The land is not irrigated or naturally subirrigated, <br />has no developed water supply that is dependable or of <br />adequate quality, and the average annual precipitation <br />is 14 inches or less; <br />• (d) Other factors exist, such as a very rocky surface, or <br />the land is frequently flooded during the growing <br />season, more often than once in two years, and the <br />flooding has reduced crop yields; or <br />(e) On the basis of a soil survey of lands within the mine <br />plan area, there are no soil map units that have been <br />designated prime farmland by the U.S. Soil Conservation <br />Service. <br />(3) If the investigation establishes that the lands are not prime farmland, <br />the applicant shall submit with the permit application a request for a <br />negative determination which concludes that the land meets one of the <br />criteria of 2.04.12(3). <br />Status of Hawk's Nest Mine <br />The land for this mine meets several of the requirements of 2.04.12(2) <br />(a) through (e), which indicate that the proposed surface disturbance areas <br />• <br />2.04-77 <br />