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Benson property, the Staats Property, and No Prime Farmland investigation was performed <br />which to get a negative determination, a prune farmland investigation would have to be <br />performed and Proven beyond a doubt. Also Western Fuels would have to have requested a <br />negative determination and this cannot be done with just one letter dated in 1992 from Dean <br />Stindt. The 1996 soil analysis that they did was on a possible progresso soil and did not have <br />anything to do with Barx or a prime Farmland determination. <br />(19) The CCC Ditch is the irrigation supply system for this area. It is documented in this permit <br />as being intensively reworked for irrigation of agriculture. It also states that IRRIGATION is <br />done SIGNIFICANTLY in these areas. <br />(20) Peabody drilled one well in the Alluvium of Calamity Draw. Near surface ground water in <br />the Nuc.la area, is partially recharged by irrigation return flow through Alluvial deposits. Many <br />times it has stated that there are no alluvials in the permit boundaries. We know this is not true <br />because such as James Johnsons bad alluvials and were sub-irrigated all of the time. <br />(21) There are three major soil types at New Horizon 2. Barx which. is prime farmland. The <br />$arx is found in the Southeast comer of NH2. Part of this soil unit 15 acres has been historically <br />used ,For HAY production and is irrigated with a dependable water supply and has been rated as <br />Prime Farmland by the USDA. Special Methods are discussed on Operations on Prime <br />Farmlands. Again Reincorporated Prime Farmland designation into the New Horizon 2 permit <br />document. <br />(22)Letter 1997. 5 year permit term will end on May 26, 1998. A complete application will be <br />required by Nov. 1997. On September 26, Ross Gubka submits a permit application to DRMS <br />and says that Prime FamWand is NOT APPLICABLE. <br />(23) DRMS approves the application. <br />(24) Ross Gubka used Dean Stindts letter for all expansion even though this letter was "Site <br />Specific." All documentation prior told the operator to also be site specific on any expansion. <br />(25) The new permit will incorporate additional lands and site specific documentation. <br />(26) Bud Bensons property was one of those that contained Barx soils. <br />(27) Using the 1992 letter of Dean Stindts, they reversed the original Prime Farmland <br />determination. ]Many times Ross Gubka has stated that very intense investigations were done <br />with NRCS, Western Fuels, the landowner, and the Division. There was never another prime <br />Farmland investigation done after 1992. <br />(28) The 1996 letter was for Burbridges which was :For. a progresso soil. <br />(29) Mel Staat sued Western Fuels because they hauled his Prime Soils to the Power. Plant, Tri- <br />State, which he had pictures of them doing so. They then replaced his soils with soil from the