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materials with undesirable material." Rule 4.25(2). Related rules require that <br />stockpiled soils shall be placed where: <br />"they will not be disturbed by mining operations and will be protected from <br />wind and water erosion, unnecessary compaction, and contamination which <br />would lessen the capability of the material to support vegetation when <br />redistributed in accordance with the 4.06.4." Rule 4.06.3(2). <br />In addition, stockpiled topsoil and other materials "shall not be moved until <br />required for redistribution on a regraded area unless approved by the Division." <br />Rule 4.06.3(2)(b). <br />Prior to February, 2008 WFC was stripping topsoil from the Morgan <br />Property in a single lift, rather than segregating and preserving the A and B <br />horizons separately. During this same time period WFC failed to salvage the <br />Morgan topsoil for reclamation, and it actually removed the topsoil from the <br />Morgan Property for use on other parcels. These actions diminished the total <br />depths of prime topsoil available for reclamation, as compared to pre- mining <br />conditions. <br />d. The Board Could Not Legally Approve PR6 Because WFC Was <br />Mining in Violation of SCMRA. <br />The permitting file in PR6 essentially glosses over the fact that WFC was <br />operating in violation of SCMRA until the complaints by the Morgans prompted <br />an investigation. SCMRA provides that in the case of a permit application, <br />20 <br />