Laserfiche WebLink
New Horizon Mine, C-1981-008 February 28, 2011 <br />Ten Day Notice #X11-140-117-01 Page 2 <br />At the working face of the mine, Bench 1 Material lies immediately beneath the Lift A topsoil and the Lift B subsoil <br />in the stripping sequence and is the soft upper overburden consisting of weathered sandstone and shale. It is <br />mostly friable with occasional zones that are well-lithified. Bench 1 material varies in thickness across the Morgan <br />property, generally ranging from 10 to 30 feet thick, but observed to be up to 50 feet thick on the western end of <br />the Morgan property. Bench 1 material grades imperceptibly into the overlying soil. It is mechanically removed as <br />a separate unit and is the last overburden unit to be placed in the backfilled pits prior to subsoil and topsoil <br />replacement. <br />As previously stated,.Bench 1 material was approved as a subsoil substitute (previously termed suitable subsoil) <br />material in Zones 1 and 2 on the Morgan property (see Map 2.05.4-6). The suitability evaluation for the Bench 1 <br />material was conducted by Walsh Environmental Scientists and Engineers in 2008 (Walsh Report) as described in <br />the Division's additional response to TDN #X11-140-182-001. The Bench 1 substitute subsoil was placed in Zones <br />1, 2 and Zone 3 on the eastern end of the Morgan property prior to the prime farmland designation in February <br />2008. In Zones 1 and 2, the Bench 1 subsoil substitute will be overlain with a minimum of 18-inches of mixed A <br />and B soil. However, in Zone 3 the Bench 1 material will be covered with 33-inches (average) of Lift B subsoil and <br />a minimum of 18-inches of Mixed A and B topsoil. This is discussed in Section 2.05.4(2) (d) Subsection 9.0 of the <br />permit. <br />All Bench 1 material designated for use as subsoil substitute (previously termed suitable subsoil) was placed in the <br />reclaimed pit as of February 2008. There is no stockpiled Bench 1 subsoil substitute, nor is there any requirement <br />for any future stockpiling of Bench 1 subsoil substitute. The replaced subsoil substitute material is either covered <br />by replaced topsoil in Zone 1 or largely covered by topsoil stockpiles in Zone 2. The permit requires that the <br />currently placed subsoil substitute in Zone 2 will be ripped to a depth of four feet in any areas subject to traffic <br />and any areas on which soil has been stockpiled prior to final placement of the topsoil. No loss or contamination <br />of the replaced subsoil substitute was observed during the Division's inspection on February 24, 2011. <br />During the review of Permit Revision No. 6, the Morgans requested and Western Fuels Colorado agreed to return <br />all Bench 1 material excavated from the Morgan property back to the Morgan property. Because the mine is <br />nearing the final stages, some of the Bench 1 material removed from the Morgan property is being stockpiled for <br />use in the final pits. The Bench 1 material will be placed in the upper portion of the backfill, just under the topsoil <br />and subsoil lay down zone. This Bench 1 material is designated and stockpiled for use as pit backfill and is not <br />designated as a subsoil substitute. This is discussed in Section 2.05.4(2) (c) of the permit application. The <br />stockpiles are referred to as Stockpiles OB-1 as seen on the attached aerial photo from December 2010. <br />Marcia Talvitie conducted an inspection of the New Horizon Mine on February 24, 2011. A copy of the inspection <br />report is attached. WFC is stockpiling Bench 1 material as discussed above. Two separate stockpiles have been <br />created, and are clearly posted with signs labeled "061" (Overburden, top layer). Bench 1 materials are <br />periodically added to the stockpiles. Due to the presence of rocky, well-lithified zones in the in-situ Bench 1, rocks <br />are not uncommon in the 061 material. The permit does not prohibit the presence of rocks in the stockpiles. No <br />loss or contamination of the material was observed. <br />It is the Division's finding that the alleged violation does not exist. Western Fuels-Colorado is in compliance with <br />the Colorado Rules for Surface Coal Mining and Reclamation and they are in compliance with their permit, Permit <br />No. C-1981-008.