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concluded that this VERY small area was not prime because it did not have <br />an adequate and dependable water supply. But, that BARX soils are prime <br />soils. And if they would have actually asked him WHY, he would have told <br />them that he talked to the irrigator and they told him they irrigated out of <br />Calamity Draw which that source of water is not shares and it could not he <br />considered as a dependable water supply. It has nothing to do with <br />management because in fact, it had been historically irrigated and cropped <br />but the water source was not acceptable. Again, they add to what people <br />document. <br />"The fields southwest of the intersection of BB road and 2700 road have <br />sufficient prime farmland soil such that the entire area of fields is considered <br />prime farmland soils 107.96 acres disturbed." This in fact is 140 minus 25 <br />acres. They put a road through the middle of our fields and a pond which is <br />against the law. 4.25(4) Water Bodies if any constructed during mining and <br />reclamation operations must be located on NON PRIME FARMLAND <br />PORTIONS AND MUST BE APPROVED BY ALL PROPERTY OWNERS. We <br />BEGGED Sandy and Marcia and Dan not to put the pond in our field. No <br />One got permission from us, we were told by ALL of them that we had NO <br />choice in the matter. The Aggregate total of prime farmland cannot be <br />decreased for any reason. "Although WFC has mined the Eastern portion of <br />these areas prior to the prime farmland SOILS designation" See how they he. <br />In the previous paragraph, they already admitted that Barx SOILS were <br />considered prime in 1992. We did not sign a contract until 1998. Now do <br />you see what they are doing and how they he to try and cover up for all the <br />mistakes that have heat made? "Water availability from the Morgans has <br />determined the entire fields can be restored to prime farmland used as IC." <br />This has absolutely NOTHING to do with it. The entire property was Prime <br />Farmland and irrigated cropland for 50 years and Mr. Morgan is the largest <br />stock holder and it has been historically irrigated and cropped for 50 years. <br />He irrigated it with 50 shares, 1 share does 2 acres of land and I'm sorry that <br />Ross Gubka knows nothing about our operation that is factual. If they <br />cannot get the facts right, just make them leave out the information because <br />I am already going to sue for slander and the violation of false documentation <br />and I am just getting much more fire power here. <br />First off, Federal and State laws have an IC designation or An IP designating <br />that has been used for numerous years illegally. I should be able to pick up <br />the Colorado Surface Mining Laws and be anywhere in the United States and <br />be reading the laws the same everywhere. They don't have this designation <br />in 1.04 because there are numerous COLORADO Farms that are CROPLAND <br />and do not have any water by the means of irrigation. Very productive farms <br />that are dryland such as Dove Creek, Cortez, Egnar, Pleasant View, etc. And <br />these farms when mined are labeled CROPLAND, or PASTURELAND, or <br />Rangeland. The State and WFC has used labeling based on Peabody and <br />EDNA coal when there were NO laws and being Prior to 1977 and just <br />continued and added to the actual designation without ever taken the REAL: