2010-08-09_REVISION - C1981008 (3)

Home Browse Search

The Morgans had several meetings involving numerous howl and much thought. After .figuring and, re-figuring of documented material, this is what the Morgan farmaily i.s proposing. 196,3 59.7 tons of prime farmland soils ate un- accounted for that are no longer on the Morgan property. JoEllen Turner, Michael Morgan, Frank Morgan, and others documented and witnessed that for 3 days and 3 nights some of the prime topsoil being removed off of the Morgan properly was put on Bud Bensons. This is only a part of the 196,358.7 tons that are no longer here and cannot be used to restore the Morgan property to what it was prior to the Mine entering the property. ALL of the Morgans feel. that they can prove beyond a doubt that it was known. to be prime farmland and documented as such prior to the mine entering the property. It was known to everyone as prime farmland including the NRCS, the State, WFC, and the USDA prior to the mine entering the property. Actually we have documentation in the 1980's and again in ].988, 1992, 1993, 1996, and 1998, all prior to the mine entering the property or the lease agreement being signed or the removal of the prime topsoil. This Case will be registered in District Court by August 13'h, 2010. The Morgans, as well as others, feel if a settlement can be reached prior to that date, it would be beneficial to everyone involved.. Attorneys seem, to come out way ahead of everyone else with much of the money that could be constructively spent in other areas. Also, agreements that can be settled out of court requires much less time and paperwork besides the mine being able to continue on and the farmers being able to continue on. Morgans Propose: (1) For the Prime Farmland. Soils that were removed off the Morgan property that can never be used,to reclaim this property to "as good as or better than it was" they would like a settlement of 1.5 million dollars. After many calls and much investigating, "Soils" equal to that which the Morgans have cannot be found in this area, nor the quantity. If the Morgans were going to replace those soils, it would cost approximately 29 million dollars. This soil does not meet our prime soil requirements. (2) Production also has suffered on the Morgan Property. WFC agreed, prior to the contract, that the Morgans would be able to follow right behind the Mine as was donne on the East side of 2700 Road. A two-Lift operation was being done on the East side and they had already addressed prime farmland. T'i'me production off of this property was not suppose to be held up for any length of time. Prior to time Mine entering the property, alfalfa or any hay prices were very high including the hay of the properties already mined by WFC. VVFC , themselves, was charging 160 dollars per ton as recommended by Maxine Garner. At our price of 100 dollars per ton, 100's of thousands of dollars have been lost in production of the Sunshine place in the last 10 years since None of it has ever been reclaimed. (3) Lance Wade mentioned a benefit that the Mine has given us was the pipe line and we conveyed that to Mr. Morgan. Mr. Morgans response was. " We didn't ask for the pipe line, the mime dial." He said that they wanted it because of the seepage of the ditch into the pit, the mine could mime close to where the ditch was without water running into the pit, the mine could mine through where the ditch was, and. the liability was much less because when it was reclaimed by WFC , WFC did not feel they could hold the CCC ditch in the spoils. WFC and the ditch company felt that it would wash really bad and maybe even disappear. Even though he felt these were the reasons for the pipeline, the pipeline was a benefit to everyone and most of the people