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The Morgans had several meetings involving numerous hours and much thought. <br />After figuring and re-figuring of documented material, this is what the Morgan family is <br />proposing. <br />196,358.7 tons of prime farmland soils are un- accounted for that are no longer on the Morgan <br />property. JoEllen Turner, Michael Morgan, Frank Morgan, and others documented and <br />witnessed that for 3 days and 3 nights some of the prime topsoil being removed off of the <br />Morgan property was put on Bud Bensons. This is only a part of the 196,358.7 tons that are no <br />longer here and cannot be used to restore the Morgan property to what it was prior to the Mine <br />entering the property. ALL of the Morgans feel that they can prove beyond a doubt that it was <br />known to be prime farmland and documented as such prior to the mine entering the property. It <br />was known to everyone as prime farmland including the NRCS, the State, WFC, and the USDA <br />prior to the mine entering the property. Actually we have documentation in the 1980's and again <br />in 1988, 1992, 1993, 1996, and 1998, all prior to the mine entering the property or the lease <br />agreement being signed or the removal of the prime topsoil. <br />This Case will be registered in District Court by August 13`'', 2010. The Morgans, as well as <br />others, feel if a settlement can be reached prior to that date, it would be beneficial to everyone <br />involved. Attorneys seem to come out way ahead of everyone else with much of the money that <br />could be constructively spent in other areas. Also, agreements that can be settled out of court <br />requires much less time and paperwork besides the mine being able to continue on and the <br />farmers being able to continue on. <br />Morgans Propose: <br />(1) For the Prime Farmland Soils that were removed off the Morgan property that can never be <br />used to reclaim this property to "as good as or better than it was" they would like a settlement of <br />1.5 million dollars. After many calls and much investigating, "Soils" equal to that which the <br />Morgans have cannot be found in this area, nor the quantity. If the Morgans were going to <br />replace those soils, it would cost approximately 2.9 million dollars. This soil does not meet our <br />prime soil requirements. <br />(2) Production also has suffered on the Morgan Property. WFC agreed, prior to the contract, <br />that the Morgans would be able to follow right behind the Mine as was done on the East side of <br />2700 Road. A two-lift operation was being done on the East side and they had already addressed <br />prime farmland. The production off of this property was not suppose to be held up for any length <br />of time. Prior to the Mine entering the property, alfalfa or any hay prices were very high <br />including the hay of the properties already mined by WFC. WFC , themselves, was charging 160 <br />dollars per ton as recommended by Maxine Garner. At our price of 100 dollars per ton, 100's of <br />thousands of dollars have been lost in production of the Sunshine place in the last 10 years since <br />None of it has ever been reclaimed. <br />(3) Lance Wade mentioned a benefit that the Mine has given us was the pipe line and we <br />conveyed that to Mr. Morgan. Mr. Morgans response was. " We didn't ask for the pipe line, the <br />mine did." He said that they wanted it because of the seepage of the ditch into the pit, the mine <br />could mine close to where the ditch was without water running into the pit, the mine could mine <br />through where the ditch was, and the liability was much less because when it was reclaimed by <br />WFC , WFC did not feel they could hold the CCC ditch in the spoils. WFC and the ditch <br />company felt that it would wash really bad and maybe even disappear. Even though he felt these <br />were the reasons for the pipeline, the pipeline was a benefit to everyone and most of the people