2010-01-22_REVISION - C1981008 (2)

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C-1981-008 PR-06 PAR 22-Jan-2010 Page 6 of 26 and Begay fine sandy loam. In some portions of the permit area where these soils have been delineated, NRCS has determined that the land is Prime Farmland, due to historic cropland use, existence of an adequate and dependable water supply and other pertinent factors. In other locations NRCS has determined that despite the presence of prime farmland soil types, the land is not Prime Farmland, due to considerations of historic use, lack of adequate and dependable water supply, or other pertinent factors affecting economic cropland use. 11. Sub-section 6.0 of Section 2.04.3 of the application addresses "Prime Farmlands and Prime Farmland Soils within the Pre-Mine New Horizon Permit Area". Under numbered Paragraph (1) of the sub-section, WFC describes a 4.68 acre parcel of 98A soil (Begay Fine Sandy Loam) "on the very north edge of the western WFC property, near the floodplain of Tuttle Draw". The paragraph indicates that the area was determined to be "prime farmland soil" by the NRCS, but explains that because the area is so small, WFC has shifted the available water from the property to another property and that as a result, the soils will be restored to prime farmland standards (2-lifts), but the area will be reclaimed to dryland pasture. The same area is described in numbered Paragraph (3), in sub-section 10.4 of Section 2.04.9, referred to as "small area in northwest portion of permit area on WFC property", and in the first paragraph of sub-section 8.1.3 of Section 2.05.4(2)(d). This area includes (in essence corresponds with) an area addressed in a letter dated June 27, 2008 from NRCS to DRMS (copied to WFC), which states "...the 3.52 acres of Begay soil (map unit symbol 98A) on the Western Fuels-Colorado property in the far northwest comer of the permit area is officially considered Prime Farmland. This letter was included in PR-6 within Attachment 2.04.9-10. The letter identifies the area of 98A soil in question as Prime Farmland, not "potential prime farmland" or "prime farmland soils". It may be the case that, due to the limited acreage of the unit, management for crop production would not be economical and as such, the area would not merit Prime Farmland designation. However, a letter of clarification from NRCS addressing this issue and reversing the Prime Farmland determination would be required before the Division would approve a plan for reclamation of the parcel to dryland pasture. Please address this inconsistency between the proposed plan and the NRCS Prime Farmland determination, and either revise the reclamation plan to conform with Prime Farmland requirements (including relevant text in Sections 2.04.3, 2.04.9, 2.05.4(2)(d), 2.05.4(2)(e) and Maps 2.04.9-1, 2.05.4-4 and 2.05.4-5), or provide NRCS documentation that, due to the small acreage of the unit and associated economic considerations, it does not qualify as Prime Farmland. Note that, if the NRCS does confirm that the small area does not qualify as Prime Farmland, it would still be reclaimed as "Potential Cropland" (PC), and Map 2.05.4-5 will need to be amended to reflect the PC designation.