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the soil salvage operations on the 51.7 acres mined prior to February 2008. Redistribution of this <br />remaining stockpiled volume of material would allow a soil replacement depth of 21 inches over <br />the 51.7 acres. <br />After the States February 2008 recognition of the error made in initially determining that prime <br />farmland did not exist on the Morgan property, a meeting was held between DRMS, the NRCS <br />and WFC, presumably to determine how to correct the error which had led to the authorization of <br />the mine operator to forego salvaging approximately 141,598 cubic yards (average depth of 20 <br />inches) of B horizon materials over a 51.7 acre area of mining disturbed prime farmland. <br />According to the current permit the state determined that substitute materials could be used to <br />make up for the topdressing deficit created during the pre -2008 period that the Morgan property <br />was mined. According to the current approved permit, the state authorized a number of differing <br />soil handling plans within the four Morgan property Zones described above, several of which are <br />not common industry practice for the development of plans to restore yield potential on prime <br />farmlands disturbed by mining. These prime farmland soil handling plans included: <br />• For Zones 1, 2 and 3, not salvaging for use on the Morgan property, 141.598 cubic yards <br />(average depth of 20 inches) of B horizon materials identified in the premine IRI Order 1 <br />Soil Survey as being suitable for reclamation; <br />• During reclamation of the Morgan's prime farmlands in Zones 1, 2 and 3, the mixing of <br />A and B horizon materials at a proportional rate of approximately 50/50 as the A lift (1 <br />lift); <br />• During reclamation of the Morgan's prime farmlands, the use of Bench 1 overburden as <br />the B lift (2 lift) subsoil in Zones 1 and 2; <br />• During reclamation of the Morgan's prime farmlands, for the A lift (1st lift) topsoil in <br />Zones 3 and 4, the mixing of A and B horizon materials at an approximate proportion of <br />30/70. <br />• The redistribution of B horizon soils on Zone 3 that were salvaged from Zone 4. <br />• During reclamation of the Morgan's prime farmlands, for the B lift (2 lift) subsoil in <br />Zones 3 and 4, the mixing of B and C horizon materials at an approximate proportion of <br />50/50. <br />According to the permit the soil handling plans for all four Zones (1, 2, 3, & 4) are currently <br />approved to authorize the practice of extensively mixing A and B horizons during salvage and <br />later redistribution of these soils as lift A for reclaiming prime farmlands. In some cases, as <br />discussed within NRCS's published guidelines for handling prime farmland soils, mixing of B <br />horizon soils with A horizon soils may be found to not have a negative effect on the re- <br />established productivity potential of prime farmlands. However, it must be demonstrated that the <br />proportion and extent of this mixing will not degrade the yield capacity of the A horizon soils. <br />The Colorado regulations at 4.25.3 read as follows: <br />4.25.3 <br />Unless exempted by Section 34- 33- 114(4) (b) of the Act, surface coal mining operation <br />for all prime farmlands as identified in Section 34 -33- 110(2) (q) of the Act to be mined <br />3 Federal Register /Vol. 64, No. 124 /Tuesday, June 29, 1999. <br />8 <br />