REV01839

• Permit No: C1981008
• IBM Index Class Name: Revision
• Doc Date: 12/29/1995
• Doc Name: Review Letter
• From: Janet Binns
• To: Harry Ranney
• Type & Sequence: TR28
• Media Type: D
• Archive: No

C-81-008: TR-26, Harrv Rannev
be a troublesome species in the Nucla area, especially in
irrigated areas.
The Division is in agreement with Western Fuels elimination of
this species from the planting list and placing this species
on the Weed and Pest control species list.
6. Reduction in prime farmland acreage. Rules 2.06.6 and 4.25 do
not appear to have provisions for de-classifying prime
farmlands. Western Fuels submitted a soils map, Map 2.04.9-i,
to the Division on May 12, 1993, as representative of the
soils found within and adjacent to the permit area. Western
Fuels now claims the soils map is in error. This claim comes
after it has been determined that Western Fuels has a deficit
of soil available for re-establishment of approved topsoil
replacement thicknesses. Rule 2.06.6(3) may allow for a
reclassification of prime farmland via consultation with the
Secretary of Agriculture,
Another option Western Fuels may use, Rule 4.25.4(1) allows
for a topsoil replacement "depth equal to the depth of a
subsurface horizon in the natural soil that inhibits root
penetration.." Permit page 2.05.4(2)(d)-11 states that
Western Fuels will record via video or photographs topsoil
"islands" to verify topsoil salvage depths. Western Fuels may
submit information and records to verify the depth of soil
salvaged prior to mining. With the pre-mining topsoil depth
verification, Western Fuels could request a reduction in the
amount of soil required for replacement on the prime farmland
areas. Otherwise, it does not appear that the Division has
the authority to de-classify lands that have been designated
as prime farmlands previously.
In closing I would like to clarify a comment Mr. Gubka made in his
letter dated December 6, 1995. The Division cannot recommend
private consultants for future work. I provided Mr. Gubka a list
of several consultants the Division has working experience with.
Mr. Nyenhuis was but one of the consultants i mentioned to Mr.
Gubka. I did mention that I had reviewed soils data that Mr.
Nyenhuis had collected for other projects and felt that the
information submitted was thorough. I do not believe that I made
specific recommendations regarding Mr. Nyenhuis.
If Western Fuels feels that their original soil survey inaccurately
portrays the soil resources in the permit area, they need to supply
additional information to refute or correct that information. You
may want to remind the operator that a soil survey is an
extrapolation based on a sampling of an area. A survey may only be
as accurate as the level of sampling performed. Anyone who has
ever taken soil samples in the field will most likely agree that a
considerable degree of variability exists in sampling.
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