Laserfiche WebLink
soils by the NRCS, as a substitute Zone 4 is to receive a mixed (50/50) layer of C and B <br />horizon materials as the B lift for reclamation. As per OSM's review of the permit, this <br />substitution was approved by DRMS without a demonstration that the substitute has <br />reasonable potential to achieve equivalent yield potential when compared to the 31 inches <br />of lift B (100% B horizon) that existed prior to mining disturbance in Zone 4. Therefore, <br />OSM's review has determined that this soil handling practice does not comply with the <br />State's regulations at 2.06.6(2) (d), 2.06(4)(c), 4.06.2(3), 4.25.3(2), 4.25.4(4). <br />There is one additional consideration related to the use of C horizon materials taken from Zone 4 <br />(post -2008) and respreading these materials in Zone 3 (pre- 2008). Should additional soil <br />sampling and an apt future demonstration affirm that these materials are indeed suitable for use <br />as a subsoil layer on the prime farmlands, and that these C horizon materials would be needed to <br />restore the yield potential of the prime farmlands, the loss of the C horizon materials from Zone <br />4 could have a detrimental impact on the productivity of the Zone 4 acreage of the Morgan <br />property. This is yet another reason why additional sampling is needed for the C horizon <br />materials, as well as the need for a demonstration that the soil handling plans approved will be <br />adequate to restore prime farmland yields. <br />Negative Impacts to Alfalfa and Corn Through the Allowance of Increased Electrical <br />Conductivity (EC) and Rock Content in Topsoil /Subsoil Suitability Criteria; and Altering <br />the Methods for Testing Topsoil /Subspoil Substitute Materials Used in Reclamation <br />A permit revision identified as `TR -57' was approved in 2008. DRMS's approval of TR -57 <br />established threshold suitability criteria for prime farmland soils and soil substitute materials. <br />These criteria was depicted in Table 2.04.9 -2 on page 2.04.9 -13 of the version of the permit <br />prior to being revised as a part of the 2010 PR -6 revision approval. As reflected in the text, this <br />table was approved by DRMS in "conjunction with the NRCS ", as cited in the permit. Page <br />2.04.9 -14 of the permit approved under the TR -57 revision included the following statement: `In <br />cases where the Bench 1 material is used as the Lift B soil in prime farmland, it will meet the <br />specification for Lift B, as outlined in Table 2.04.9-2." This text language would have required . <br />that the soil materials to be placed for Zones 1 and 2 (A/B mixed soil and Bench 1 substitute) be <br />tested in advance to confirm compliance with the threshold criteria included within Table. <br />2.04.9 -2 as established in 2008. <br />With the approval of PR -6 in 2010, the 2008 threshold criteria and the practice of evaluating soil <br />suitability prior to soil salvage was replaced with allowing WFC to sample soil substitutes to <br />evaluate compliance based 011 an altered suite of suitability guidelines, as well as the practice of <br />sampling prime soil substitutes after they had been redistributed on regraded spoil. This <br />practice is allowed under the regulations only under circumstances where it has been clearly <br />demonstrated that the reclamation plan (particularly the soil handling plans relevant to prime <br />' As discussed under permit (TR -57 version) subsection titled "Evaluation of Soils for Reclamation Potential ". <br />8 As discussed under permit (PR -6 version) subsection titled "Regraded Spoil Monitoring Program ". <br />14 <br />