2008-01-14_REVISION - C1981008 (5)

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The Division has recently received letters from Frank Morgan and other members of his family, as well as other area residents, indicating that the Morgan property within the permit area is Irrigated Cropland (pure alfalfa hay and row crops) and should be properly classified as such on the Pre-Mining Land Use Map. Also, some of the comments we have received have indicated that the San Miguel Power property, east of 2700 Road, was not historically irrigated; however this property appears to be mapped as Irrigated Pasture on Map 2.04.3. Please revise Map 2.04.3 and related tables and narrative in Section 2.04.3, as appropriate to properly reflect the pre-mining land uses, taking into account information provided by NRCS, permit area landowners, and other appropriate documentation. Please take into account the requirement of Rule 2.04.3(2)(a), that "If the premining use of the land was changed within the five years prior to the date operations are proposed to begin, the historic use of the land shall also be described". Rule 2.04.9 Soils Resource Information Soil resources within the permit area appear to have been properly documented in compliance with applicable requirements. Detailed narrative, mapping, soil type description and analyses are included within Section 2.04.9 of the application. Criteria for evaluating soil suitability are addressed in the narrative and in Table 2.04.9-2, and recommendations for average salvage thickness by soil map unit (based on the site specific survey and sampling results) are included (see Map 2.04.9-1). In general, the recommended salvage approach for the deeper, more productive soil types which supported irrigated cropland or irrigated pastureland was a "two lift" operation, in which upper sub-horizons are removed in the first lift, and lower sub-horizons removed in a second lift, with the upper and lower lift materials to remain segregated for sequential replacement on the regraded surface. A "single lift" salvage approach was recommended for shallower soil types, which primarily supported rangeland prior to mining. Rule 2.04.12 Prime Farmland Investigation A letter the Division received from JoEllen Turner (previously forwarded to WFC) indicates that the Morgan property within the permit area (designated surface owner Unit 43, on Map 2.03.4-1), is prime farmland. Prime farmland is a term specifically defined by federal regulation, as well as the DRMS Coal Regulations, Rule 1.04(95). Designated prime farmlands are subject to specific delineation and restoration requirements, as a special category of mining under the Coal Regulations, Rules 2.04.12 and 4.25. The Natural Resources Conservation Service (NRCS) is the federal agency having the authority for prime farmland designations. In association with prior permitting actions at the New Horizon Mine, NRCS was contacted by the 2