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cropped lands to dryland. Prior to the Martin. place being leased for coal, this property was all. <br />irrigated and cropped. Historically irrigated and cropped. Bud Benson kept it in. production right <br />up to the time that the Operator leased it. The water was sold off of the property in 1989, <br />although it is documented incorrectly in PR-06, but historically used as crop land is land that has <br />been used 5 out of 10 years prior to the lease and should be kept that way. TR-49, a Technical <br />Revision, again illegal, changed it to Dryland, the Division approving it. The New owners <br />brother, also the second largest stock holders of the CC:C ditch. This again being a Technical <br />Revision did not allow for public participation for such a. major change, 10 days is not sufficient <br />and does not abide by the rules and regulations given to us. <br />(54)Again., Prime Farmland substitute soils must be Equal to or be better than the soil that <br />existed in. the natural soils which was Barx down to 72 inches deep. Also to use a substitute, the <br />Productivity from the substitute must be proven to be greater than the soil the existed prior to <br />mining. They are stating that it only has to be as good as what is now available. NO! <br />(55)Our A. lift as we have sent Pictures to the Division . David Berry,exceed.ed 48 .inches in most <br />places and, our B lift exceeded 15 feet and most of this is Barx soils'w;thout even getting to the <br />Ren.ch one C lift. Some of the B lift was taller than our Survey Stick way above 15 or 20 feet in <br />places. <br />(56)The Eastern portion of our property is where they stole our topsoil. Pictures enclosed. This <br />was some of our very best and some of the very best in the entire country. <br />(57)If the Division had actually come and talked with us, looked. at our place prior to mining, had <br />any public participation or landowner involvement, this would never have happened to us. We <br />did not do this, the Division and Western Fuels dial this and we wouldn't be in this fix today if <br />they would have just done it right. In all those years, we never got to speak to anyone, show <br />anything to anyone, or even have them ask us questions. There were no public hearings, no <br />public involvement, nothing and the only way that you could get to talk to them is if you filed an <br />objection and we were told, all of us, by Western Fuels that we could not do that. <br />(58) No ponds, roads, ditches, etc can be put on our prime farmland. We begged them not to put <br />the pond, they said. WFC documented in the paper that the Division makes all of these decisions <br />and they have not control over it. They told us that the Division made them. put all of those farm <br />lands into dryland. Everything we asked WFC, they said the Division made them do it and it is <br />documented that the Division. allowed them to do everything I have put in this complaint. <br />(59) The road, went right through our prime farmland. The pond went right out in the middle of <br />our prime farmland. All against rules and regulations. <br />(60) After, their 2008 meeting, in 2010, they again. stole our soils and when we called Sandy <br />Brown at the Division, they did not stop for 2 days. Sandy said she couldn't stop it. Mr. Berry <br />finally put an end to it- but it should have never happened. Michael called. Lance and it stopped, <br />then Mr. Berry put a final stop to it,