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C-1981-008 <br />PR-06 <br />July 23, 2010 <br />Page 4 of 31 <br />Nucla East area (now incorporated into the larger New Horizon 2 area). It appears from the <br />NRCS letter and attached map, that the negative finding was based on inspection of the Barx <br />fine sandy loam map unit (MRCS Map Unit 15) that occurs within a very small area (1.19 acres) <br />of the extreme southeast corner of the permit area. Although the letter states that "there is no <br />prime farmland within the boundary of the proposed mine", it does not appear from the NRCS <br />letter and map that Mr. Stindt's inspection included an evaluation of the larger (21 acre area) <br />mapped by Peabody in 1988 as Map Unit D70B (Barx Scalped/Barx Buried Complex). The <br />D70B map unit was located northwest of the small area of Map Unit 15, but still within the <br />southeast corner of the permit area. The amended Subsection 10.1 narrative states that the <br />"7013" soil type was covered in the 1992 letter. <br />This issue is addressed further in amended Subsection 10.4, Item 1, in response to Comment 4H <br />of PAR-3. In this narrative, WFC further describes circumstances related to the October 1992 <br />NRCS letter, and presents reasoning for WFC's conclusion that the letter applied to the 21 acre <br />D70B Barx map unit (Peabody soil survey), in addition to the 1.19 acre area of Map Unit 15 <br />Barx soil (NRCS soil survey). The Division is not convinced this was the case, based on file <br />correspondence which indicates that a portion or all of the 21 acre area of D70B map unit was <br />designated prime farmland at some point, and it does not appear that the designation was <br />reversed as a result of the October 1992 letter. Absent specific documentation from NRCS or <br />Dean Stindt to the contrary, please remove the statement in Subsection 10.1 indicating that the <br />"70B" soil type was covered in the 1992 letter. Revise the narrative in Subsection 10.1 and <br />Subsection 10.4, Item 1, regarding the October 1992 letter and prime farmland determinations <br />for the original permit area as warranted. <br />The final sentence of Subsection 10.1 states that "[the October 1992] letter is no longer valid for <br />the entire permit area, since prime farmland has been identified in areas west of 2700 Road, as <br />explained below". Please revise the sentence with the following expanded explanation. "The <br />October 1992 NRCS letter was misinterpreted in Permit Revision 5 (PR-5) in 1999, and was <br />erroneously applied to permit expansion areas to the west and northwest of the original permit <br />area. Typographical errors regarding pH criteria for prime farmland contained in a 1982 NRCS <br />`Important Farmland Inventory for Colorado' document, also contributed to the determination <br />that the Barx soil in the expansion area was not a prime farmland soil type. The prime farmland <br />determination for areas to the west of BB Road was reevaluated in 2008 and Map Unit 98E <br />(Darvey-Baia Complex), which includes Barx Soil as a component, was designated to be prime <br />farmland. A small area of Begay soil (Map Unit 98A) in the extreme northwest corner of the <br />permit area was also designated as prime farmland. See discussion below regarding the 2008 <br />prime farmland determinations". <br />4F. Resolved. A revised definition of prime farmland was provided in Item 2 of Subsection 10.3. <br />4G. Resolved. A revised definition of irrigated cropland was provided in Item 3 of Subsection 10.3. <br />4H. This adequacy comment relates to the October 1992 NRCS negative prime farmland <br />determination letter, and ties in closely with adequacy Comment 41), above. Please refer to <br />Comment 4D.