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Introduction <br />On May 26, 1995 the Colorado Division of Minerals and Geology (CDMG) issued <br />notice of violation (NOV) C-95-016 to the West Elk Mine. Within the NOV, CDMG <br />alleged that the West Elk Mine, "[failed] to separately remove and segregated [sic] all <br />topsoil prior to disturbance of areas affected by mining operations." The area where <br />the alleged violation occurred was the development waste pile at the Lone Pine Gulch <br />facility. Based on the May 10, 1995 CDMG inspection report and subsequent <br />discussions with the inspector, the Division's topsoil concern centers on the allegation <br />that mine development waste was spread on undisturbed areas at the development waste <br />pile, thereby contaminating native in-place topsoil materials. <br />The purpose of this investigation was to observe and document the condition and <br />location of topsoil and development waste materials at the specific area of concern at <br />the Lone Pine development waste pile. <br />Metho <br />On August 30, 1995, Michael Savage of Savage and Savage, Inc. conducted an on-site <br />investigation of the azea cited for Topsoil contamination in NOV C-95-016 at the Lone <br />Pine Gulch development waste pile. The specific area of concern was determined from <br />photographs taken by the CDMG inspector during the May l0, 1995 inspection and <br />submitted as evidence for the topsoil contamination citation. Additional photographs of <br />the area taken during and after the inspection and issuance of the NOV by Mountain <br />Coal Company staff were reviewed. From the photographs a plan for sampling the <br />area of concern was developed. <br />Based on initial on-site reconnaissance of the area cited in the NOV, three soil pits <br />were dug to observe soil development and horizon differentiation. One test pit was dug <br />adjacent to the silt fence, in the specific location cited in the NOV. The second test pit <br />was dug at the edge of the access road to the development waste pile, again in the area <br />cited in the NOV (nine feet ESE of Test Pit 1t 1). The third test pit was dug in the <br />undisturbed native oakbrnsh vegetation and soils adjacent to the area cited. The third <br />test pit was located IS feet NE of Test Pit 1i 2. All test pits were dug to a minimum <br />depth of 22 inches from the adjacent surface. Digging continued to depths which <br />illustrated similar material consistency in horizon development or practical excavation <br />limits (imposed by hazdness, or limits of accessibility by shovel or arm). <br />Each horizon or distinctive layer of each test pit was described in accordance with <br />American Geological Institute data sheets 24.Ithrough 26.2 (AGI, 1982). Horizon or <br />layer colors were described in accordance with Munsell® Soil Color Charts (1992). <br />General location of the test pits within the development waste pile area, and the pits <br />themselves, were documented through color photography. Composite voucher samples <br />of each horizon or layer were collected from each test pit and the development waste of <br />the pile. <br />