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• In the absence of a positive demonstration documenting that the Bench 1 <br />overburden materials are reliable for use in restoring the yield potential of the <br />prime farmlands that existed prior to mining in Zones 1 and 2 of the Morgan <br />property, OSM's review has determined that the approved use of this substitute is in <br />violation of sections 2.06.6(2)(d), 2.04.9(3), and 4.06.2(4)(a), 4.25.3(2), of the <br />Colorado state program regulations. <br />• In the absence of a positive demonstration documenting a high potential of restoring <br />the yield capability that existed prior to mining in Zones 3 and 4 of the Morgan <br />property, OSM's review has determined that the practice of significantly mixing C <br />horizon materials of inadequately proven quality, with prime B horizon soils of <br />known high quality, for creating the B lift substrate for prime farmland <br />reclamation, contravenes the requirements at 2.06.6(2)(d), 2.06(4)(c), 4.06.2(3), <br />4.25.3(2), 4.25.4(4). <br />• Instead of receiving the balance of the prime B horizon soils salvaged from Zone 4, <br />as a substitute. Zone 4 is to receive a mixed (50/50) layer of C and B horizon <br />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 <br />has reasonable potential to achieve equivalent yield capability when compared to <br />the 31 inches of lift B (100% B horizon) that existed prior to mining disturbance in <br />Zone 4. Therefore, OSM's review has determined that this soil handling practice <br />does not comply with the State's regulations at 2.06.6(2) (d), 2.06(4)(c), 4.06.2(3), <br />4.25.3(2), 4.25.4(4). <br />• Considering that the B and C horizons are approved for salvage in a combined <br />(mixed) lift, and that the limited sample data available indicates the C horizon <br />materials don't appear to have reasonable potential for re- establishing the yield <br />capability of the Morgan's prime farmland, it appears there is significant risk that <br />the reclamation plans may be unsuccessful. Additionally, should the redistributed <br />soil and substitute materials be found to be unsuccessful through the currently <br />approved practice of sampling respread materials instead of sampling prior to <br />redistribution, mitigation of the resulting impacts may be impractical due to the <br />extensive mixing of A, B and C horizon and overburden materials approved for use. <br />The practice of after - the -fact sampling could lead to loss of a significant portion of <br />the prime soils (a protected natural resource), should use of the substitute materials <br />not meet suitability criteria and /or the agricultural yield standards, as the respread <br />materials may require burial, as discussed in the permit. Based on the lack of a <br />demonstration for affirming that the reclamation plan approved will reasonably <br />conclude with success, OSM's review finds that the after - the -fact soil/spoil sampling <br />practice approved in the permit, is not in compliance with 2.04.9(1)(d) and <br />2.06.6(2)(a)(ii). <br />21 <br />