- 20 - most logical place for a worksite would be the northern section of the property as it has the least amount of saleable materials. As an operator might need additional land outside the work area to put access roads in, we opt for the high end of local custom. The Commissioner’s argument for almost double that amount of land seems unreasonable. Using our tons-per-acre number from the previous section, the reduction attributable to a work area is 496,620 tons.9 iii. Pit Slope We next turn to the issue of the pit wall’s angle of repose. Terrene argues that local practice is to use nearly vertical walls to maximize recovery, while the Commissioner argues for a much more gentle slope as necessary to create stability and prevent the walls from collapsing. In support of his position, the Commissioner argues that while packed sand mixed with clay can remain stable at steeper slopes, the soil on the subject property is much too loose to hold. We disagree. Credible testimony at trial indicates that most operators in the Houston area dig pits with almost vertical walls, because enough clay is present in the pit wall to make it more cohesive than ordinary soil and because the water that fills a pit when the mining is finished produces a lower difference in 9 The math: 124,155 tons/acre x 4 acres = 496,620 tons.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 10, 2007