2010-11-04_REVISION - C1981008 (5)

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the portion that Western Fuels stole the soils from into DRYLAND. Marcia and. Ross came up with the terminology of potential cropland. because dryland was so offeiusive to people in this area, but the bottom line was they used the word potential cropland because the rules and regulations state that the prime farmland must be returned to cropland and they figured if they put the word cropland as part of the vocabulary that it would pass. But in fact, potential. cropland is dryland. Between Permit Revision 4 and Pemi.t Revision 5, Western Fuels used a MINOR revision to change a two lift operation the East side in non-prime farmland areas to a one lift operation. when they entered prime farmland on the west side. This is against every rule and regulation that is available. The minor revision hid the facts as to what they actually were. Documentation is included. These Minor Revisions caused irreparable damages to the Morgan property. This one lift operation contaminated all of our Barx prime farmland soils that were to depths of 72 inches, plus Western Fuels stealing our soils, this 51 acres can never be returned to as good as or better than it was with productivity yields better than they were. And now in Pr-06, they want to take the rest of our soils and divide them up and replace what they stole. This will. not be permitted. A good example of this: You own a beautiful home in Denver with one of the best and most beautiful yards in the country. I buy a valuable mineral from. you that is in your front yard down 20 Feet. I tell you that I will pay you for the mineral and I will l put your yard back as good as or better than it was. When you wake up in the morning, your yard is gone. I gave it to a neighbor down the street because he needed it. But, I tell you what I'll do. You have such an abundance 46 ,`1 in your back yard, so, I'll just take half of that back yard and make you a front and back yard and you won't even know that your yard was gone. We won't accept this. In the 1998 a soil survey that was done, an Order 1, the best available. According to the National Soil Survey handbook, it was prime. According to the interpretation, it was prime. Most of our property is Barx/Darv6y, up to 72 inches deep, the best in the country. The official document used and the official document that is part of the rules and regulations for the criteria of prime farmland as stated in 2.06.6 is the National Soil Survey Handbook.. There is not another !Alp*[e reference that is documented in the Colorado Regulatory program. It wouldn't matter if they used any other reference, the only one acceptable one for the criteria of prime farmland is was the National soil survey handbook and was the most current edition. We signed a lease in 1998 and according to the Rules and Regulations, "Site Specific " on any expansion and knowing that almost the entire property was Barx as well as being cropped and irrigated for 59 years, it was already known for fact that it was prime farmland and wan-awed an investigation prior to the trainee ever entering the property! We are not going to accept the documentation in PR-06 that that prime farmland was discovered in 2008 because prior to that, there is a letter from Jim Boyd to western Fuels and to the Division stating the all the lands West of 2700 Road, the Banc soils, are prime farmland. We are not accepting less thm what we had. In the Colorado Regulations governing surface coal mining, if an agency, a consultant, NRCS, USDA, or anyone that is used to help prepare or provide technical support or data for the purpose of a permit, revision, reclamation, land use, etc., these people need to conform their, answers to the rules and regulations and they need to be informed of what the rules state. It is up to the