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May 261510:24a Naturita Commuity Library 9708652157 p.3 <br />could be reclaimed right, at this time. All the means of <br />reclaiming it is available at this time and may not be in the near <br />future. It also is the appropriate time because the entire field is <br />suppose to be all reclaimed and planted at the same time. Also, <br />4.06.3(1) Soils can be stockpiled if it is impractical to promptly <br />redistribute it. This is the practical time to do so. We have had <br />a contract since 1998 and have been mined since 2000. Our <br />soils have been stockpiled and not redistributed for 13 years for <br />revegetation, which again was a violation of prime farmland <br />rules and regulations. All the reclamation has now been <br />completed very nicely with the exception of the pond where <br />pond 11 was illegally built on our prime farmland. 4.25.5 (1) <br />Soil replacement must comply with 2.06.6 and carried out in a <br />manner that encourages prompt vegetation cover and the <br />recovery of ALL the productive capacity. Unlike any other <br />piece of property being mined and that has been mined, this is <br />prime farmland and must comply with all the rules and <br />regulations of 4.25.1-.5,,2.04.12, 1.04(95), and 2.06.6 governing <br />prime farmlands. The National Soil Survey Handbook is the <br />only official publication that is used to determine prime <br />farmland soils and accordingly, if a field contains more that 67 <br />percent of prime farmland soils, then the entire field is <br />considered prime. We would strongly request that the State <br />allow for Western Fuels to finish this small area while all the <br />means are available so that we would be able have this portion <br />of our prime farmland field completed in accordance with rules <br />and regulations. Also, we have waddles around the entire field <br />except where the pond needs to be reclaimed to prime farmland <br />and be re -vegetated. If I understand sediment control, as I think <br />