2010-04-06_ENFORCEMENT - C1981008

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interest in the land or appurtenances thereto are fully protected from such operations. We feel that our rights have been terribly violated. We feel that the Division of Reclamation, Mining, and Safety, as well as Western Fuels, have discriminated against us as well as caused LIFE Time damages to us. Damage that cannot be fixed. We feel that our general welfare has also been violated since the farm that we have leased to the coal mine cannot be put back as good as it was and this is our livelihood. We do not raise cattle, or sheep, or other livestock. We raise Alfalfa hay for sale. Mr. Morgan nor Mrs. Morgan has ever worked outside of this farm This has been the sole support of their family since 1959. This farm has been historically cropped and irrigated since that time and has made all of our living. It is and was and has always been PRIME FARMLAND.(In our eyes because it produced all that was necessary but WFC and DRMS said it's PH was wrong) As soon as our property was documented as being prime farmland, (1998 when the lease was signed) the Division of Reclamation, Mining, and Safety was suppose to contact the Secretary of Interior, The U.S. Department of Agriculture, and the Secretary of the U. S. Department of Agriculture and consult with them as to the handling and entering lands containing prime farmland. AND no Prime soils should have EVER been removed from the property AND the operator cannot enter that property until all of the rules and regulations governing prime farmland have been met. The Division did not contact anyone, nor did Western Fuels. Not even us. They told us continuously that the soil survey revealed that it was not prime even though, it contained prime soils and was the best in the country. They said it had to meet certain criteria and the soil survey indicated that it was not prime. ALL LIES. ALL misrepresentation and falsely providing information to us. Ross Gubka and Lance Wade said that there would never be any prime farmland within the permit area and ours could not be \� considered prime even though we had been told all of our lives that it was prime, it did not meet what they had to use to call it prime. Again, All lies. 34 -33 -110 (c) For those lands in the permit area with a reconnaissance inspection SUGGESTS MAY BE PRIME Farmlands. A soil survey may be obtained according to standards established by the Secretary of the U.S. Department of Agriculture in order to confirm the exact location of such prime farmlands. A class 1 soil survey was done in 1998, (the time the lease was signed) by a soil scientist named Jim Irvine of Intermountain Resources. This was a soil survey ordered by Western Fuels and revealed in 1998 that all of this property was prime farmland and also revealed alluvials as well as other prime farmland within the permit area. The Division of Reclamation, Mining, and Safety did not do their job and they did not make Western Fuels do their job. The Division of Reclamation, Mining, and Safety did not contact ANYONE prior to the mine entering our property.( The U.S. Department of Agriculture, The Secretary of Agriculture, The Secretary of the Department of Interior) The Division of Reclamation, Mining, and Safety allowed Western Fuels to enter our property and REMOVE our prime farmland soils that were an average of 53 inches deep and put our soils on Bud Bensons' property. Western fuels, as well as the DRMS told us that the soil scientist made a mistake and our PH was too high. All of this was a lie. After many months of investigations, in December of 2009, I discovered the ACTUAL document by Jim Irvine that said our soil were prime and the DRMS as well as Western Fuels had this documentation in their possession and BOTH the DRMS and Western Fuels violated all of the Federal and State laws set forth to protect the landowner. The prime soils were NOT segregated nor were they left on our property, so OUR prime topsoil is GONE. This is soil that has been