2008-04-25_PERMIT FILE - M2008010

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Letter: Response to adequacy review, Permit Application M-2008-010 4/25/2008 page 4 capacity of 110% of the size of the largest container draining to the secondary containment or a capacity of 50% of the total size of all containers, with a suitable freeboard based on environmental factors. Containments may be concrete, clay, and/or geosynthetic materials compatible with the materials stored and environmental factors, and will be maintained in accordance with standard engineering practice. 4. Topsoil The comments submitted by the Mancos Conservation District were written by Mr. Jack Burk, their president. We believe that the concerns of the District are already addressed adequately in the application. Mr. Burk's comments appear to be mistaken or simply not germane to the Application, perhaps because he was not aware of the definition of topsoil in the Mineral Rules and Regulations,4 nor of the information found in the Soil Survey, as prepared by the NRCS and quoted in Exhibit I. Strictly according to the Soil Survey, the Collide complex which is the major soil found on site have an "A" horizon of approximately 10 inches thickness on top of a "B" horizon of 19 inches thick for a total depth of 29 inches, or 2.4 feet. The Ustorthents soil, second most common, has an "A" horizon of 3 inches on top of a "B1" horizon of 11 inches, and a "B2" horizon of 22 inches, for a total depth of 36 inches, or 3.0 feet. These are within the range of 12 to 36 inches (1 to 3 feet) specified in the application, and both "A" and "B" layers appear to meet the Mineral Rules and Regulations definition. However, there is considerable variation in soils on the site, and test pits have indicated significant variations in depth. Therefore, the soil estimate is just that, an estimate. Indeed, the soils on the site except perhaps in the northeast corner, are NOT "the highest quality topsoil" in the Mancos area, but that can hardly be corrected by the Operator, the soil's development being originally an act of God and then influenced by previous owners and users of the site. The District and Mr. Burk would have needed to dig a network of test pits to develop enough knowledge of the' site to have determined whether there was adequate soil or not. We did not authorize that and they do not have the authority to prohibit the sale of any topsoil from the site, superceding DRMS reclamation requirements that we intend to comply with. Nor does their comment take into account construction a Page 10: Definition (52): "Topsoil" means the material at the surface of the earth which has been so modified and acted upon by physical, chemical, and biological agents that it will support rooted plants necessary to achieve reclamation goals.