2010-10-01_REVISION - C1981008 (11)

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In association with Permit Revision No. 5 (PR-05), a new soil survey encompassing approximately 442 acres to the north and west of the previously approved New Horizon Mine 2 permit area was conducted. The Order 1 survey was conducted in 1998. Map unit designations differ from previous surveys due to changes made in NRCS soil taxonomy. Map 2.04.9-1 delineates the soil mapping units associated with the various surveys. Dominant map units identified in the 1998 survey include Bowbac-Bowdish Complex, 0 to 3% slopes, Darvey-Bari complex, 0 to 3% slopes, and Monierco Fine Sandy Loam, 0 to 10% slopes, and Haplargids - Endoaquepts association, 0 to 3 percent slopes. The Bowbac-Bowdish and Darvey-Barx complex units were used primarily for irrigated hayland or pastureland. The Darvey-Bari complex (Mapping Unit 98E) dominates that portion of the PR-05 expanded permit area located south of BB Road and west of 2700 road. As discussed under Prime Farmland Determinations below, the Darvey-Bari soils have since been determined to be Prime. El Prilme Fnrm]µNd yIOtOYm?Nwt?ns4V No prime farmland soils were identified at Peabody's Nucla Mine (now New Horizon Mine 1). The original Permit Revision No. 2 (PR-02) Order 1 soil survey for the new "Nucla East" mine (now New Horizon Mine 2), conducted for Peabody in 1987 and 1988, identified approximately 15 acres of Barx soil (unit D70B on Map 2.04.9-1) south of 5th Street Road, in the southeastern portion of the new permit area. This area had been historically used for hay production and was irrigated with a dependable water supply. It was therefore rated as prime farmland by the USDA Soil Conservation Service (SCS) (documentation not available). Special methods of soil handling were incorporated into the permit language: topsoil was to be removed in a two-lift operation, and stored separately. The B horizon and portions of the C horizon were to be segregated and replaced as subsoil in order to ensure soil productivity. Prime farmland areas were to be revegetated with species suitable for the post-mining land use of irrigated hayland. PR-02, which incorporated 119.9 acres, was issued on February 28, 1989. In May 1992, the permit was transferred from Peabody Coal Company to Western Fuels - Colorado (WFC). No disturbance of the Nucla East Mine (renamed the New Horizon Mine 2) permit area had occurred prior to the transfer. On October 14, 1992, the District Conservationist for the SCS (Norwood office) issued a letter stating that there was no prime farmland within the boundary of Mine 2 (Attachment 2.04.9-6). The letter does state that Barx fine sandy loam has the potential to be prime if it is irrigated with an adequate and dependable supply of water. Enclosed with the letter was a copy of the San Miguel Area Soil Survey map, with the permit area (approximately 220 acres at the time) delineated. It is not clear, from the documentation, whether the SCS in 1992 had access to Peabody's 1987 and 1988 Order 1 survey of the area. The October 1992 negative determination for prime farmland appears to have been based on the San Miguel Area Soil Survey map, which shows only a miniscule area of Barx soil (map unit 15) in the extreme southeastern corner. The letter concludes, "Based on... visit to the site and experience with available irrigation water supplies in this area, the Barx unit is not prime." Because of its location, the 15 acres of Barx (D70B) soil mapped for Peabody was disturbed by the earliest phases of mining at Mine 2. Annual Reclamation Reports (ARRs) submitted by WFC indicate that the area was backfilled, topsoiled and seeded in 1994, and that, in 1995, 6.73 16