2011-08-04_ENFORCEMENT - C1981008 (2)

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the report and that are found on the Morgan Property within the leased permit area. Table 2 in Attachment A lists the soils and their associated chemical characteristics, taken from the Order 1 Soil Survey. The information provided in the soil survey helps to estimate the amount of suitable material that is available for salvage on the Morgan Property prior to disturbance. According to the above cited Order 1 Soil Survey, seven soil types were found within the Morgan property. The soil types identified were: 98D- Bowbac, 98D - Bowdish, 98E -Barx, 98E- Darvey, 98F- Haplargird, 98F - Endbaq, and 98F -Barx. In general, these soils have an Ap horizon which designates a soil under agricultural practices. The B horizons in general were described as Bt (illuvial silicate clay accumulation, argillic), Bk (pedogenic carbonate accumulation), and Bw (weak color or structure within B horizon, cambic). The C horizon (found below the B horizon) varied in depth from 21 to 67 inches from the soil surface. The limited chemical data in Table 2 indicates elevated rock fragment content and high calcium carbonate percentage in the C horizon which, according to standards in the permit, would define the C horizon as being unsuitable for use as a plant growth medium. As a clarification it should be noted that, in a letter dated April 4, 2011, from the NRCS to OSM, it was stated that the soil identified by IRI as 98E - Darvey should not have been correlated to the Morgan property since it is a New Mexico Soil. After a review of the data by the NRCS taken from the Order 1 Soil Survey, the NRCS concluded that the pedons described as cambic (Bw). meet the criteria for an argillic horizon (Bt) and therefore 98E - Darvey as used in the IRI report should be re- classified as 98E -Barx. While this information does not change the amount of material that had been classified in the Order 1 Soil Survey as being available for salvage, this detail should be noted for accuracy in the soil classifications. In February 2008 it was determined that soil 98E on the Morgan property was considered a prime farmland soil. Prime farmland soils were identified and discussed in letters dated February 11, 2008, and June 27, 2008, from the NRCS to the DRMS and WFC. Page 2.04.9 -21 of the currently approved permit states that, "the entire acreage within the permit area south of BB Road and west of 2700 Road containing the Darvey -Barx map unit is considered prime farmland soil since it is more than 67% prime farmland soil type, and is being handled as such by the Western Fuels - Colorado LLC. This property is entirely owned by Morgan." As described on page 2.04.9 -15 of the permit, a total of 107.9 acres was to eventually be disturbed by mining on the Morgan property. Out of the 107.9 acres, 84.9 acres (78.6 %) were mapped as soil unit 98E, 11.77 acres (11 %) as 98F, 9.3 acres (9 %) were mapped as 98D, 1.6 acres (1 %) were determined to have no topsoil available for salvage, and 0.4 acres (0.4 %) consist of ponds according to Map 2.04.9 -1, Soil Baseline Map. Premine Soil Chemical/Physical Characterization and Applied Suitability Criteria Page 2.04.9 -9 of the permit states that "soil samples were collected from hand -dug pits, three - inch auger holes or backhoe trenches that were dug at all sampled sites." The following language also occurs on this permit page: "The analysis of the samples is shown in Attachment 2.04.9 -8 ". Attachment 2.04.9 -8 of the permit includes photos for the 24 pit locations sampled within the total permit area but does not contain data relevant to these photo locations. A different Attachment (Attachment 2.04.9 -7) does contain the chemical analysis data mentioned above and the field notes from the Order 1 Soil. Survey, however, review of this data indicates 3