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Mr. Morgan and Michael Morgan had gone to the Mine Manager, Lance Wade and asked him to <br />stop. He said, "This is a communist State, those who have, give, those who don't, take." We <br />told this to Dan Mathews. <br />(38) There could have been an immediate answer here, but instead, the Division waited. Months <br />and Months and months to address this issue. Our soils which at that time was piled and could <br />have been returned to us, the Division waited, until all the soils had. been spread on Bud Bensons <br />and not able to be recovered. The Division never came up here and talked to us not did they ever <br />come to see and put it back. This again, caused irreparable damages to our prime farmland. <br />(39) There was a. meeting held in Grand Junction about this in February of 2008, remember, I <br />called the fall of 2007 white our soils w6re still available. We begged, and begged, and, begged <br />to attend this meeting. We called Mike Boulay, Ross Gubka, Dan Mathews, Sandy Brown, <br />Marcia Tal.vitie, over and over again 5 times a day begging them to allow us at this meeting. We <br />were assured by ,A,LL, of them that there would only be some discussions and there would. be NO <br />Decisions made that day. They would not make any decisions that day. I called Mike Boulay <br />and told him specifically that 1 share would do 2 acres and this is what Mr. Morgan had done for <br />59 years and he quoted me wrong and made decisions on again .false information. Decisions <br />were made. Numerous decisions not conforr..rxi.ng to rules and regulations. <br />(40) The Division and Western Fuels had received a letter from Jim Boyd of NRCS prior to this <br />soil ever being removed that all areas WEST of 2700 road were prime farmland, The Morgan <br />property. Still nothing was done to address Prime Farmland. This was before the meeting, this <br />was before they stole our. soils, this could all have been. prevented if the Division would have <br />done their job. <br />(41) The Division again used the letter of 1992 disqualifying Barx soils as prime farmland. <br />(43) Ross Crubka submitted an intensive Class I soil survey to the Division stating that There was <br />No Prime farmland within the permit area. When in fact, the soil survey stated that there was <br />prime farmland in the permit area. This soil survey was done in 1998 before any soils were <br />removed from this place. This soil survey showed predominantly Barx soils and the <br />interpretation said it was Barx Prime farmland <br />(44) Federal and State Rules and Regulation state that the Criteria for Prime Farmland will use <br />the National Soil Survey Handbook. There is NO other Documentations according to rules that <br />can be used. It must meet the criteria of the National Soil Survey Handbook. Which it did and <br />stated so. There is no mention in any rule or regulation that a substitute document such as the <br />Colorado Farmland Inventory can be used for the official. criterra. It must be the National Soil <br />Survey Handboodk. <br />(45) When WFC submitted the "QUOTE" of the document, they left out words changing the <br />context of the sentence to there was no prime farmland which is not what it says. <br />(46) To get a Negative determination for prime farmland, it must be proven beyond a doubt by