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<br />CONCLUSION <br />The permit that was issued inl993 covered approximately 220 acres. Alldocumentation and <br />revisions applied to the area within that permit only. The contents of that permit stated <br />specifically to reincorporate prime farmland as well as the hydrology information that was <br />obtained through the research of Peabody and prior mining activities into New Horizon 2 permit <br />application. Bari soils were clarified as a prime farmland soil and also a positive determination <br />was made determining prime farmlands within the permit area. Western Fuels was instructed to <br />reclaim a portion of the permit area 15 aches to meet prime farmland standards. This property <br />had been historically irrigated and cropped and determined, to be prune by the USDA. A 1 acre <br />piece of Barx soils was determined as not being prime according to a 1992 letter submitted <br />stating that there was no available irrigation and therefore, this piece was not prime, Using the <br />1992 letter later on in the permit, the original prime farmland designation given to the 15 acres <br />was then disclaimed as being prime farmland. A request for a negative determination would <br />have had to made in writing to the Division after a thorough prime farmland investigation was <br />done. This never happened. In fact, in 15 years a prime farmland investigation had never been <br />done. Any unit of property having a Bazar soil designation was disclaimed by Western Fuels and <br />fled by the Division based on the 1.992 letter of Dean Stindts that was sight specific and did <br />notinclude any expansion areas. <br />-HaTy Ranney from. the Division told Western Fuels in many communications to be sight specific <br />on all expansion. The Division informed Western Fuels many times concerning Prime Farmland <br />and gave them a copy of the Rules and Regulations governing the existence of prime farmland <br />soils and Prime Farmland. <br />Wben Ross Gubka from Western Fuels took over the permitting, it was documented in all. <br />applications that prime farmland was not applicable. This was not even questioned by the <br />Division. The 1992 letter was submitted as proof and the Division accepted it. More expansion <br />areas were added and still Western Fuels documented that Prime farmland was not applicable <br />and again used the 1992 letter. At no time was a prime farmland investigation conducted and at <br />not time did they request in writing for a negative decision based on the results of this <br />investigation. All. of this caused irreparable damages to the landowner and the property of the <br />landowner. <br />When JoEllen Turner reported to Michael Morgan that the soils were all being removed from the <br />Morgan property and put on Bud Bensons, Mr. Morgan and Michael Morgan went to the office <br />of the mine and spoke with the mine manager, Lance Wade. They requested that they stopped <br />removing the soils off of the Morgan property. Lances reply was, "this is a communist state, <br />those who have, give, those who don't, take." <br />At that time, JoEllen Turner made call after call and finally reached someone that told her to call <br />DBMS. She called DRMS and talked to Dan Mathews. We told him what was happening and <br />that Western Fuels was stealing our prime soils. He said they can't be. We told him. they were.