- 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.
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