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2.04.12 -PRIME FARMLAND INVESTIGATION <br />A review of the USDA Important Farmlands of La Plata County, Colorado <br />(Appendix 9) reveals that there are no prime farmlands within the proposed <br />permit area. Hay Gulch is described as "Irrigated Land (Not Prime)". <br />Further, based on the criteria in Rule 2.04.12 the following disqualifying <br />factors apply: <br />1) The land has not been historically used as a cropland. Livestock <br />grazing and some hay crops have been grown in the Hay Gulch Meadow. <br />2) The slope of all drainage basin sideslope areas is greater than six (6) <br />percent. <br />3) Other than Hay Gulch, where no surface disturbance is proposed, the <br />land is not irrigated or naturally subirrigated, and has no developed <br />water supply. <br />4) There are no designated prime farmland soil map units. <br />Request for Negative Determination of the Presence of Prime Farmland <br />In accordance with the requirements of Rule 2.04.12(3) National King Coal, <br />LLC requests a negative determination for the presence of prime farmlands <br />at the King II Mine. <br />/R/®/0/lJ/O/O/B/Y/2%//®/Y/p/N/M/tl/O/ls/[~N/ ~ /4 /CiN/9/!f/ i p'/R/0/PiY/@/Y/®/9/Fl/O/N/BiN/B/.O/PJ/M/N.'Y/®/®/B/O/®/iJ/9/O/d/M/4/O/I <br />N/q/ /6/P/a F/ <br />National King Coal, LLC King II Mine <br />Section 2.04.12 <br />Page 1 October, 2005 <br />