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• Soil Chemistry (particularly in the surface layer) <br />• Depth to and kind of any restrictive layer <br />• Prior compaction or disturbance <br />• Surface crusting <br />• Surface cover <br />• Surface water flow patterns <br />The State Soil Scientist further explained that soil moisture can be quite variable even in <br />soils in close proximity to each other, and concluded that while the soils were more moist <br />after the precipitation events, he could not determine the degree of moisture content without <br />actual soil moisture data. <br />13. Colorado's topsoil removal regulations at 4.06.2(5) require that "To the extent practicable, <br />the surface soil layer shall be removed at a time when the physical and chemical properties <br />of topsoil can be protected and erosion can be minimized." <br />14. Colorado's topsoil storage regulations at 4.06.3(2) require, in pertinent part, that "Stockpiled <br />materials shall be selectively placed on a stable surface are within the permit area, where <br />they will not be disturbed by mining operations and will be protected from wind and water <br />erosion, unnecessary compaction, and contamination * * * ." <br />15. Section 2.04.9-41 of the approved New Horizon Mine permit addresses topsoil removal <br />(16.6 Stripping Frozen Topsoil) and states, in pertinent part, that"[T]he scanned Table <br />2.04.9-10 shows the average monthly temperatures from 1961-1990 for Uravan, Colorado <br />area, which is near Nucla, from the Natural Resources Conservation Service-Soil Survey of <br />San Miguel Area, Colorado, page 197. It can be seen that the average daily temperatures are <br />above freezing from February through November. The average daily temperature for <br />December and January are only two- four (2-4) degrees F below freezing so it is believed <br />that the frost line below the ground surface would be minimal and will not penetrate through <br />the Prime Farmland Soil Lift A horizon. The only concern one would ever have is the <br />operational possibility of pulling up chunks of frozen Lift A and B topsoil together with <br />equipment because of the frost. * * * The conclusion is that stripping (dozing, load, haul, <br />dump, and regarding) topsoil in freezing conditions is perfectly acceptable at the New <br />Horizon Mine." <br />16. Section 2.04.9-41 of the approved New Horizon Mine permit addresses topsoil removal <br />(16.7 Stripping Saturated Topsoil) and states, in pertinent part, that "[T]he scanned Table <br />2.04.9-10 from the Natural Resources Conservation Service-Soil Survey of San Miguel Area <br />Colorado, page 197, shows the average monthly precipitation from 1961-1990 for Uravan, <br />Colorado area, which is near Nucla. The monthly average ranges from 0.62-1.53 inches per <br />month. The yearly average is only 12.60 inches of precipitation per year. WFC doesn't see <br />a problem with the ground getting saturated beyond a couple inches by rainfall, at any one <br />time. The average snowfall per month is also insignificant for the Nucla area. As mentioned <br />above, Lift A Lift B and Mixed topsoil will be piled up using a dozer. So after the dozer gets <br />past the first couple of inches, if that, of rain soaked topsoil, he will be in the dry. No <br />significant problem as far as precipitation soaked soils. The likely hood of a dozer working <br />during a severe thunderstorm stacking topsoil is remote. * * * WFC does recognize that <br />5