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neighbors, but nothing like what he claimed he had <br />(30) I worked over 10 years doing the farming for Western Fuels. When they removed the coal, <br />Iwas the one who put it back into farm land. Western Fuels stated to all of us that there would <br />never be any more prime farmland within the permit <br />(31.) James Johnsons which is now owned by Western Fuels is documented as being naturally <br />subirrigated along Tuttle draw as are others along Calamity in Alluvium deposits. <br />(32) Permit Renewal #4 Again in the application documented by Ross Gubka as Prime Farmland <br />investigation. NOT APPLICABLE. The Division approved their application without even <br />questioning Prime Farmland as Ross still was using the 1992 letter, Stating Western Fuels and <br />the Division and NRCS has conducted extensive review of all areas in the Permit Boundaries and <br />NO unites could be classified as Prime Farmland. <br />(33) The Public notice States "will allow continued mining and Reclamation" nothing more. <br />You may see at the Denver office or in Montrose, Colorado. Every person that signed a lease <br />with. Western Fuels were told that they COULD NOT OBJECT. Also as the public notice is <br />written, how would we drive to Denver or Montrose just to see it.? When the rules say it needs <br />to be in the locality of the Mine. <br />(34) We had sent many objections to the approval. of permit #5. <br />(35)Since 1992, it had been 15 years since a prime farmland investigation had been done. It was <br />not our job to make sure all of the rules and regulations were being followed, it was up to the <br />Division to make sure they were in .full compliance. We are farmers, nothing more. We were <br />told and it was documented that the Division would nnake sure that we were protected, <br />(36) Before they entered our property, the used a MINOR Revision 51 and 57 to change a two lift <br />operation into a one lift on. Prime farmlands. This right here is irreparable damages to our Prime <br />Farmland. Our soils were not to be contaminated and then. they removed our. soils from our <br />place, our Barx /Darvey soils and used them on Bud Bensons place. This is IRREPARABLE <br />DAMAGES that are SIGNIFICANT IRREPARABLE DAMAGES that cannot be corrected are <br />documented up to 72 inches of PRIME FARMLAND 13ARX SOILS, Even today, they have <br />submitted a substitute soil proposal using a topsoil rule for normal soils instead of Prime Soils. <br />A substitute can only be used if it is equal to or better that the subsoil in the Natural soil <br />existence. The Division has put to soils comparable that is available. Our soils were 72 inches <br />deep of Barx Soils. These soils cannot be duplicated according to Dave Dearstyle. Dave <br />Dearstyle also states that Prime soils cannot be moved from place to place. Our Barx soils are <br />prime soils and a BENCH ONE material is not equal or better to those in their natural existence. <br />So, the Division has allowed them to compare Bench one material to Bench One material. instead <br />of Bench one Material to BARX. We will not accept this. <br />(37) In the fall of 2007 I called Dan Mathews or the Division and told bins that Western Fuels <br />was stealing our Prime Rarx Topsoil. After 3 days and 3 zught, they finally got them to cease.