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to establish the extent of prime farmlands and to make immediate adjustments to soil handling <br />procedures that would be consistent with regulations governing mining on prime farmlands. <br />(At the time of the meeting, mining operations had already progressed partway through the <br />prime farmlands on the Morgan property.) In addition to modifying the topsoil salvage and <br />handling plan for current and future disturbance, a sampling protocol and criteria were <br />established for evaluating the quality of prime farmland areas on the Morgan property that had <br />been already mined and backfilled. As a result of the February 15, 2009 meeting, the Division <br />directed WFC to make immediate changes to the topsoil salvage and stockpiling operations on <br />the Morgan property and to implement the sampling and testing program for evaluating subsoil <br />and topsoil replaced on those areas already mined. <br />As stated above, in February 2008 WFC had mined through a portion of the Morgan property. <br />There were 51.6 acres where topsoil had been stripped. Of the 51.6 acres, 7.63 acres had been <br />topsoiled on the eastern edge of the Morgan property, and an additional 27.9 acres had been <br />backfilled with at least 26 inches of Bench I material. The bench 1 material was tested for <br />subsoil suitability and found to be suitable. Map 2.04.9-2, Topsoil Balance Map as of February <br />2008 shows the pit location, where topsoil had been removed and where topsoil had been <br />replaced. On the 51.6 acres where topsoil had been stripped and not yet replaced, WFC <br />committed to replace (p. 2.05.4(2)(d)-34) a combined topsoil and subsoil minimum depth of 48 <br />inches, with approximately 22 inches of mixed Lift A and B material over a minimum of 26 <br />inches of suitable subsoil (Bench 1 material). <br />For all disturbances after February 2008, at the direction of the Division, WFC began salvaging <br />and replacing an average of 16 inches of Lift A, 36 inches of Lift B and returning a minimum <br />of 3 feet of Bench 1 Material to the Morgan property. WFC will continue to sample the <br />suitability of replaced subsoil and topsoil using the NRCS suitability criteria for Prime <br />Farmlands. <br />The requirements of the Colorado regulatory program for prime farmland soil removal and <br />stockpiling and replacement are at Sections 4.25.3 and 4.25.4. The A and B horizons must be <br />segregated separately. The rules do allow exceptions where other available soil materials can <br />be substituted for the original topsoil material. The minimum depth of soil to be reconstructed <br />must be 48 inches. We therefore find that the terms of the permit for soils for the Morgan <br />property prime farmland are consistent with the regulations. There is no requirement to salvage <br />and return all the subsoil or Bench 1 material. As required under Section 4.25.4(1), the WFC <br />permit requires the total thickness of the A and B horizons and Bench 1 material to be at least <br />48 inches on all areas disturbed before and after the Morgan property was designated as prime <br />farmland. <br />In its response Colorado maintains that inspections conducted on the Morgan property indicate <br />that the terms of the permit are complied with in the field. Ms. Turner's complaints do not <br />contradict this. <br />On this basis and in accordance with.30 CFR 842.11(b)(4)(i), OSM finds that the Division has <br />shown good cause for not taking action to cause the possible violation to be corrected because <br />the possible violation does not exist. We find that the terms of the permit properly implement