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incorporated into the permit language by Peabody Coal: topsoil was to be removed in a two -lift <br />operation, and stored separately. The B horizon and portions of the C horizon were to be <br />segregated and replaced as subsoil in order to ensure soil productivity. Peabody Coal had an <br />approved Post Mine Vegetation Plan in place when WFC took over the Mine Permit which specified <br />the reclaimed land would be revegetated with species suitable for the post- mining land use of <br />irrigated hayland. PR -02, which incorporated approximately 220 acres, was issued on February <br />28, 1989. The western boundary of the original permit adjoined the eastern property line of the <br />Burbridge /Garvey properties in Section 6. <br />In May 1992, the permit was transferred from Peabody Coal Companyto Western Fuels - Colorado <br />(WFC). No disturbance of the Nucla East Mine (renamed the New Horizon Mine 2) permit area had <br />occurred prior to the transfer. On October 14, 1992, the District Conservationist for the SCS <br />(Norwood office) issued a letter stating that there was no prime farmland within the mine permit <br />boundary (the 220 acres) of Mine 2 (Attachment 2.04.9 -6). The letter does state that Barx fine <br />sandy loam has the potential to be prime if it is irrigated with an adequate and dependable supply <br />of water. Enclosed with the letter was a copy of the San Miguel Area Soil Survey map, with the <br />permit area (approximately 220 acres at the time) delineated. It is not clear, from the <br />documentation, whether the SCS in 1992 had access to Peabody's 1987 and 1988 Order 1 survey <br />of the area. The October 1992 negative determination for prime farmland appears to have been <br />based on the San Miguel Area Soil Survey map, which shows only a miniscule area of Barx soil <br />(map unit 15) in the extreme southeastern corner. The letter concludes, "Based on... visit to the <br />site and experience with available irrigation water supplies in this area, the Barx unit is not prime." <br />Because of its location, the 15 acres of Barx soil was disturbed by the earliest phases of mining at <br />Mine 2. Annual Reclamation Reports (ARRs) submitted by WFC indicate that the area was <br />backfilled, topsoiled and seeded in 1994, and that in 1995; 6.73 acres were re- topsoiled and <br />seeded. In December 1995, in Section IV. of Midterm Review No. 3, the Division required revisions <br />of the permit to address several concerns. Among these was Item 12 (topsoil balance and <br />potential availability of excess D70B to supplement other areas). WFC responded, in a letter <br />received January 12, 1996, that all available D70B topsoil was salvaged in a two lift operation and <br />stockpiled, as required. However, the volume of D70B was substantially less than what had been <br />anticipated based on the soil survey. Once distributed, the available quantity had been sufficient <br />to reclaim only 6.73 acres, rather than 14.6 acres. It should be noted that the 6.73 acres was <br />Revised September 2010 (PR 06) 2.04.9 -10 <br />