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" 111 IIIIIIIIIIIII III <br />STATE OF COLOIZ~9UU <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room ?15 Ily~ <br />Denver, Colorado 80?03 I <br />Phone: (303) 866-3567 <br />FA%:13031 83?-8106 <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Rome <br />August 30, 1995 covcmur <br />~a ine~ 1. Lochhead <br />Melvin W. Staats Fsec uo ve Dveaor <br />27491 West 10th Road Michael B. Long <br />Nucla, CO 81424 Di~i.~nn Director <br />RE: Topsoil Replacement at the New Horizon Mine, Permit C-81-008 <br />Dear Mr. Staats: <br />This letter is to restate the Division's position on the <br />replacement depth of the prime farmland topsoil located at the New <br />Horizon Mine 2. It was noted earlier this year that Western Fuels <br />erroneously replaced a Barx Sandy Loam (D7oB) topsoil with a <br />Progresso-Bond Complex (30C) topsoil on land that was designated <br />"Prime Farmland". Previously, Peabody Coal Company preformed an <br />in-depth soil survey that was used to determine the depths, types, <br />and acreages of the different soils in the area. This survey g2td <br />indicated that for the approximately~,2"acres of your property-t-lrat~ <br />the mining operations disturbed ,('approximately 10 acres was <br />considered prime farmland. Additionally, ,9:>~' acres had Typic <br />Haplaquolls (810) soils which were unsuitable for salvage, and 1~" <br />acres of other rangeland type soils. n, 1,2 <br />'~ <br />The Division informed Western Fuel of the requirement to replace <br />0.8 feet of D7oB topsoil on ~cres of reclaimed land within <br />your property boundaries. $•''~Phis amounts to approximately 14-; 000 <br />cubic yards of topsoil. 13,250 <br />conversations with you and Western Fuels led the Division to <br />believe this matter was to be resolved after it was determined if <br />the existing reclamation was as productive as it was in the past. <br />Apparently, this matter has not resolved. <br />You also informed the Division that the land to the west of the <br />prime farmland area was full of rocks that had never been there <br />before. This area is part of the ~ acres that was designated as <br />an unsuitable topsoil salvage area$~ therefor, the topsoil was <br />replaced with a better growth medium. Unfortunately, this soil had <br />rocks intermixed with it. The Division has no authority to require <br />western Fuels to replace this topsoil, however, I recall that <br />Western Fuels stating they would attempt to find a rock picker and <br />would try to clear the area of as many rocks as feasible. <br />