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New Horizon Mine, C- 1981 -008 <br />Ten Day Notice #X11 - 140 - 182 -002 <br />January 31, 2011 <br />Page 3 <br />stored in separate Lift A and Lift B stockpiles for reclamation use on the Morgan property. There <br />has been no redistribution of Lift A or Lift B topsoil Morgan property. <br />• Two -lift topsoil redistribution (33" of Lift B topped with 25" of Lift A or 21" of Mixed A/B topsoil) <br />will be utilized across Zones 3 and 4. <br />The following responses to alleged violations numbered 1 through 13 are provided below. <br />1. A baseline soils survey for the Morgan property was conducted in 1998 for Permit Revision No. <br />5. Results of the Baseline Soils survey are shown on Map 2.04.9 -1 and the report is discussed in <br />Section 2.04.9 Subsection 15 of the permit. On the Morgan property there were an average of <br />18.5 inches of Lift A and an average of 34.0 inches of Lift B soil. The average total thickness of <br />Morgan topsoil was 52.5 inches. The topsoil redistribution plan for the Morgan Property <br />approved in PR6 is shown on Map 2.05.4 -6. WFC will replace 25 inches of Lift A in Zone 4 on the <br />western 55 acres, and an average of 21 inches of Mixed A and B on the eastern 51 acres. WFC <br />will replace 33 inches of Lift B subsoil across Zones 3 and 4. Suitability of Lift A, Mixed A and B, <br />and Lift B must comply with the standards established in Table 2.05.4(2)(d) -1A of the permit. <br />(Copy attached.) <br />As stated above, the topsoil salvaging plan was revised after WFC had disturbed 51.6 of the <br />Morgan property. Prior to the prime farmland designation, Lift A and Lift B were salvaged as a <br />mixed layer. The mixed topsoil will be applied as the final surface soil layer on the eastern 51 <br />acres (Zones 1, 2 and 3). Lift A topsoil will be the final surface soil layer on the western 55 acres <br />(Zone 4). A comparison of the baseline soils survey and the approved topsoil replacement plan <br />indicates that the depth of the final surface soil layer equals or exceeds the thickness of the <br />original soil. <br />The Division has determined that no violation of Rule 4.25.4(5) exists. <br />2. Refer to the PR6 Findings, Section B. IV. A. (page 44). The topsoil and subsoil replaced on the <br />Morgan property will be sampled for the suitability criteria set forth in Table 2.05.4(2)(d) -1A. <br />The following parameters will be sampled: pH, Electrical Conductivity, Saturation Percentage, <br />Sodium Adsorption Ration, Exchangeable Sodium, Calcium Carbonate, Soil Texture, Boron, and <br />Rock Fragments. The threshold levels for this table are based on recommendations from the <br />NRCS for prime farmlands. <br />Beneath the topsoil (Lifts A and B) is a layer of unconsolidated overburden ( "Bench 1" material) <br />of varying thickness. This material is excavated separately, generally using the mine shovel, and <br />placed in the uppermost level of regraded spoil behind the pit. For the eastern 20 acres of the <br />Morgan property, the Bench 1 material is considered a suitable subsoil substitute. It has been <br />sampled for suitability and will continue to be sampled as it is replaced. <br />The Division has determined that no violation of Rule 4.25.3(2) exists. <br />