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documented as being prime since the beginning of the mapping. This is prime soils that have <br />been there forever and the backbone of our production. Western Fuels removed the soil, 3 haul <br />pacs at a time, 3 days and 3 nights, hauling 100 ton per haul pac. UNTIL finally we got it shut <br />down. But, when Western fuels was asked to stop, Lance replied, "This is a communist state, <br />those who have give, those who don't, take." Even then, the DRMS DID NOTHING to protect <br />or return our prime soils! BEFORE Bud Bensons was planted, the DRMS could have made <br />Western Fuels bring our soils back. BUT even then, they did not do a prime farmland <br />investigation!. AND they are continuously fighting us every step of the way even today! Sandy <br />Brown, Marcia Talvittie, and Dan Mathews do not even realize what has happened or the <br />damages that are involved here. At the time our topsoil was removed, tosoil of that quality was <br />$100 per ton and over 90 ton per day was removed. Over a 50 acre piece, an average of 53 <br />inches, was removed, leaving a mixed lift of 22 inches. Figure the amount we have lost here for <br />the rest of our lives. NOT 10 years, NOT 20 years, but FOREVER! If a soil survey was ever <br />done again, THERE WOULD BE NO PRIME SOILS AND NOTHING REMOTELY EVEN <br />MATCHING WHAT WE HAD! AND ALL OF OUR DEPTH IS GONE! WE HAVE A <br />CONTAMINATED SINGLE LIFT OF MAYBE 22 INCHES. And instead of the DRMS doing <br />their jobs, they want to just sweep it all under the carpet and go on. DRMS and ViTFC said just <br />forget what has, happened, there is nothing that can be done now, and let's just go forward from <br />here. BUT, that is not satisfactory with us and will not be accepted. THEY have damaged us <br />FOREVER! The Division of Reclamation, Mining, and Safety's job is to make SURE the <br />Operator does his job. We should not have to worry about whether the job is being done. It is <br />their job to make sure the laws are followed. We didn't even know about public notices in the <br />paper to change our property because state laws say we will be protected and the operator must <br />follow those laws. But, even today the DRMS is still providing false information to the operator, <br />from the Director on down. Enclosed are documents where the DRMS has used information as <br />well as Western Fuels to disclaim prime farmlands.( Dean Stindts letter) The DRMS has also <br />separated the laws terminology to suit themselves, i.e., Prime farmland and prime farmland soils <br />in two categories because they have not done their jobs and abided by the laws. They do not <br />understand anything about prime farmlands. This farm meets all of the criteria for prime <br />farmland and has been documented as such and the DBMS is still fighting us and even thinking <br />about allowing Western Fuels to put OUR Prime Farmland into DRYLAND because THE <br />DRMS NOR WESTERN FUELS KNOW HOW TO FIX WHAT THEY HAVE DONE. The <br />things that the Division are even allowing Western Fuels to put into REVISIONS are illegal and <br />against every rule and regulation available. <br />Surface Coal Mining operations for ALL Prime Farmlands as identified in Section 34 -33 -110 (2) <br />(q) of the Act to be mined and reclaimed MUST comply with specification for soil removal, <br />storage, replacement, and reconstruction to be established by the Secretary of the U.S. <br />Department of Agriculture, and the operator shall be required, as a MINIMUM to: <br />Segregate the A horizon <br />Segregate the B horizon <br />j The MINIMUM depth shall be 48 inches <br />The aggregate total prime farmland acreage shall not be DECREASED from that which <br />I existed prior to mining. <br />Soil materials to be used in the reconstruction of the prime farmland soil shall be removed <br />i <br />