2010-08-10_REVISION - C1981008 (3)

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2700 Road. The results of these surveys can be found in Map 2.04.9 -1, Attachment 2.04.9 -1, Attachment 2.04.9 -2, and Attachment 2.04.9 -3. Soil type 70B and D708 lists Barx soil as a major component and Barx as a secondary component (30 percent of map unit) in 98E on Map 2.04.9 -1. Barx soil is listed as a prime farmland soil in the "Soil Survey of San Miguel Area, Colorado" if the soil is irrigated by an adequate and dependable water supply. For the initial permit area east of 2700 Road and south of BB Road, Dean Stindt of the NRCS stated that the area of Barx soil type was potential for prime farmland but only if it had an adequate and dependable supply of water. After he did an inspection of the property in 1992, he concluded that the historic practices did not include intensive irrigation management and there was not adequate supply of water for the Barx soil type in this area to be considered prime farmland soils. This letter is found in Attachment 2.04.9 -6. The map showing what area this applies to is also included in this Attachment. The area is basically only the initial southeast portion of the current permit area of approximately 274 acres. This letter was only meant to cover the initial 1992 mine permit boundary which western boundary was along the Burbridge /Garvey east property line in Section 6. The October 1992 NRCS letter was misinterpreted by DRMS in Permit Revision 5 (PR -5) in 1999, and was erroneously applied to permit expansion areas to the west and northwest of the original permit area. Typographical errors regarding pH criteria for prime farmland contained in a 1982 NRCS `Important Farmland Inventory for Colorado' document, also contributed to the determination that the Barx soil in the expansion area was not a prime farmland soil type. The prime farmland determination for areas to the west of 27 Road was reevaluated in 2008 and Map Unit 98E (Darvey -Barx Complex), which includes Barx Soil as a component, was designated to be prime farmland. A small area of Begay soil (Map Unit 98A) in the extreme northwest corner of the permit area was also designated as prime farmland. See Discussion below regarding the 2008 prime farmland determinations. 10.2 Prime Farmland Determination - 2008 In early 2008, The Norwood office of the NRCS determined that the Begay, Barx and Darvey soil types (equivalent to the 98A and 98E soils in the permit area "west" of 2700 Road), met the qualifications of "Prime Farmland" as defined by the USDA, provided that they were previously irrigated and managed for prime farmland and were of sufficient size to be economic. See letter from Dave Dearstyne of the NRCS dated February 11, 2008 in Attachment 2.04.9 -5a. Part of the reason for this reversal was due to a typographical error in the previous NRCS documentation. (Revised July 2010) 2.04.9 -10