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with all of the accurate and necessary information that they had available to them. I will, proceed <br />to prove this. <br />(1) The purchase of the New Horizon Mine by Western Fuels was finalized in. 1992. Mining <br />began in 1993. On April 29, 1988 Peabody submitted a Permit Revision to add 220 acres and <br />was approved. 1989. Western Fuels completed transfer of ownership in 1992. <br />(2) January of 1992. Letter from Tony Waldron to Harry Ranney, to re-evaluate the soil resource <br />information. Western Fuels immediately claimed there was no Prime Farmland that existed <br />within the permit area. When Peabody owned the mine, Prime Farmland had been identified. <br />Mr. Waldron stated that numerous references were made to wet soils and irrigated crops. Before <br />the permit could be approved, the whole issue of Prime Farmlands had to be addressed and, the <br />whole issue clarified before approval. <br />(3) Mr. Waldron also stated that Top Soil salvaging should not be done in wet conditions but this <br />DOES NOT relieve the operator of the responsibilities of SALVAGING ALL AVAILABLE <br />TOPSOIL. <br />(4) In 1992, NRCS conservationist, Dean Stindt, documented a letter where be was shown a <br />permit area of approximately 220 acres, He identified the Barx soils and said that these soils are <br />prime soils where there is an adequate and dependable water supply. His visit was "site specific" <br />and based on his observation of this very small area of Barx, he states that there was No Prime <br />Farmland within the permit boundaries. He said that he had spoken with the irrigator and the <br />water just was not available. <br />(5) May 1993 letter. ( Not to interrupt, discontinue, or prelude farming on Alluvial valley floors <br />that are irrigated or naturally sub-irrigated. (h) To the extent that the surface area proposal to be <br />affected by operations that contain prime farmland special requirements of such article regarding <br />reclamation of prime farmlands, the Division has after consultation with the Secretary of the <br />United States Department of Agriculture and Pnrsuant to the regulations issued by the Secretary <br />of the US Department of Interior with concurrence of the Secretary of the US Department of <br />Agriculture that the operator has the technological capability to restore such mined area within a <br />reasonable time to equivalent or. higher levels of yield as non-mined prime farmland in the <br />surrounding area under equivalent levels of management and that the operator can weet the SOIL <br />reconstruction standards of CRS 34-33-120 (2) (g). <br />(G) The Division in reliance upon the representation and promises made in such application issue <br />this permit to the operator with stipulations. (9) ALL. baseline and Historical information shall be <br />retained in this NEW permit. (1.1) By August 1, 1993, The Operator is to REINCORPORATE <br />the baseline information and maps from the OLD Peabody permit concerning "Nucla East" <br />TOPSOIL and PRIME FARMLAND DESIGNATION into the NEW Horizon 2 permit <br />document. <br />(7) ALL documentation is to be "Site Specific" on any and all expansion areas.