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practices at the new horizon mine. The high uniformity of the soil ECe concentrations <br />also indicates that a natural uniform process is controlling the soil salinity concentrations <br />rather than non-uniformmine pit water applicationsfrom water trucks. <br />3)In my opinion the increase in soil salinity of the stockpiles is due to natural processes and <br />would occur regardless of soil stripping techniques. The soil handling atthe New <br />Horizon Mine has created a homogenous soil mixture that has been stockpiled for <br />reclamation use. This homogenous soil mixture is preferred for reclamation since the <br />entire reclaimed area will have similar soil chemical and physical properties. Based on <br />soil mapping that has been performed on the Morgan property it is likely that the slightly <br />greater soil salinity concentration in the Mixed Topsoil pile is due to the original soil <br />properties and not mixing of the Lift A and Lift B material. The soils on the Eastern <br />portion of the Morgan Property, where the Mixed Topsoil stockpiled material originated <br />from, aredifferent soils than the remainder of the property. Again,the increase in soil <br />salinity compared to background concentrations and the differences in soil salinity <br />between the Lift A and Lift B stockpiles compared to the Mixed Topsoil stockpile are <br />likely due to natural conditions and not based on soil handling practices. <br />4)Although the soil salinity of the soil stockpiles are currently at or below concentrations <br />that would negatively affect alfalfa yields, measuresare available to reduce soil salinity, <br />if required. Soil salinity can be decreased using agronomic leaching. Agronomic leaching <br />is a proven and acceptable agronomic practice to reduce root zone soil salinity. <br />Agronomic leaching,and root zone salinity management,are contemplated by the current <br />reclamation plan as revised by PR06 and as proposed in PR07 (application pending). <br />These techniqueswillbe utilized if crop productivity or soil chemistry warrants theiruse. <br />It is calculated that approximately 10 inches of water must be percolated below the root <br />zone over the course of reclamation(i.e. 1 inch per year)to return the soil back to its <br />original soil salinity concentration. <br />Background <br />Facts <br />The new horizon mine near nuclear Colorado is a surface coal mine that has been in operation <br />since 1993. When topsoil is stored in stockpiles, one method of dust control while the stockpile <br />is being created is the application water from a water truck. One source of water used for dust <br />control is the mine pit. Thatwater has a high EC. <br />Approximately 115 acres of the mined area belongs to Frank and Mary Lou Morgan who leased <br />the property for mining in 1998. Beginning in 2007, the Morgans have objected to Western <br />Fuels-Colorado’s soil handling practices on their land. As a consequence of the position taken by <br />the Morgan family, topsoil from their property is not replaced as mining goes along; rather it has <br />been stockpiled since stripping and it will be replaced at the same time. The stockpiles of the <br />Morgan will include Lift A, Lift B and Mixed A and B. <br />Recently the Morgan family has asserted that the use of water from the mine pit for dust control <br />on soil stockpiles has raised the soil ECe in the stockpiles and that the increases will <br />3 <br />{00136879.1 } <br />