2010-06-18_ENFORCEMENT - C1981008 (2)

Home Browse Search

inches. Non-prime farmland requirements for topsoil removal, storage and redistribution are at Section 4.06.2 through 4.06.4 of the Colorado Rules. 6. The active pit first entered the Morgan property in 2004 and mining was conducted in accordance with PR-5 until, as a result of Ms. Turner's calls and correspondence, DRMS initiated a reevaluation of its negative prime farmland determination. On January 14, 2008, DRMS requested a review by the NRCS of the prime farmlands determination for the Morgan property. The NRCS responded on February 11, 2008 and explained that the Colorado Important Farmland Inventory document used in the PR-5 baseline evaluation contained an error wherein the threshold pH should have been 8.4 instead of 7.4. The NRCS also stated that the document (Colorado Important Farmland Inventory) was put together sometime around 1980 and was no longer current. At the time, WFC had already mined through a portion of the Morgan property and topsoil had been stripped from 51.6 acres. 7. Once it was discovered that certain soil types within the New Horizon permit area were potentially prime farmlands, a meeting was convened on February 15, 2008 between representatives of the DRMS, WFC, and the NRCS to establish the extent of prime farmlands and to make immediate adjustments to soil handling procedures that would be consistent with regulations governing mining on prime farmlands. As a result of the February 15, 2008 meeting and a subsequent February 29, 2008 field inspection, the DRMS directed WFC to make immediate on-the-ground changes to the topsoil salvage and stockpiling operations on the Morgan property and to implement a sampling and testing program for evaluating subsoil and topsoil replaced on those areas already mined. 8. In addition, the DRMS' proposed decision regarding RN-5 was delayed until issues addressing soil management on prime farmlands was resolved through TR-57. As there were prime farmland issues remaining, DRMS attached two stipulations to the findings for RN-5. The first stipulation (No. 16) required WFC, within 30 days following issuance of the final decision for PR-5, to submit a permit revision application including, among other things, comprehensive amendments to the prime farmland investigation and the prime farmlands sections of the permit application. The second stipulation (No. 17) stated that unless WFC demonstrates that some portion of the 107.96 acre area of presumed prime farmland on the Morgan property within the pen-nit area does not meet prime farmland criteria based on one or more of the factors listed in Rule 2.04.12, the entire 107.96 acre area is considered prime farmland and will be reclaimed as irrigated cropland in accordance with the requirements or Rule 4.25. 9. Following DRMS's review process for RN-5, the proposed decision to approve, with conditions, renewal of the New Horizon Mine permit was issued on August 24, 2009. The DRMS mailed letters to Ms. Turner and the Morgan's informing them of its decision and provided appropriate public notice as required by the Colorado Rules. No objections were received and RN-5 was formally issued on October 8, 2009. 10. TR-57 was submitted on March 28, 2008 to identify prime farmland soils within the New Horizon permit area, revise soil handling practices to conform with prime farmland requirements where applicable, and address other revisions to soil salvage and replacement plans to ensure compliance with reclamation plan objectives. TR-57 formally revised the