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rendered obsolete by MRCS, contained an error regarding pH limits for Prime Farmlands. The <br />7.4 in the second sentence of the above excerpt should have read 8.4 instead.. This has been <br />thoroughly explained by Mr. Dearstyne in a letter written February 11, 2008 (attached). <br />Moreover, the full reference from the Colorado Important Farmland Inventory reads: "irrigated <br />soils with bedrock within 40 inches of the surface and soil horizons that have a pH higher than <br />7.4 are considered as having high conductivity and therefore not prime." Curiously, only the <br />latter half of this condition was used in the Order 1 Soil Survey interpretation cited above. Mr. <br />Stindt referenced the Colorado Important Farmland Inventory and the occurrence of pH higher <br />than 7.4 in his Prime Farmland determination conducted on property owned by Garvey Bros. in <br />1996. But lie also stated: <br />"At both pit locations, the soil was moderately deep (bedrock within 40 inches of the <br />surface)... Based on my observations at these sites [two soil pits], this soil better fits the mapping <br />unit description for Progresso loam than Barx fine sandy loam. Progresso loam does not even <br />qualify as potentially prime." <br />The Barx soil has an average depth to bedrock greater than or equal to 60 inches of the surface. <br />Furthermore, the two determinations made by Mr. Stindt occurred before the New Horizon _?Iine <br />Permit Boundary was expanded to include the Morgan Property, which did contain Barx soil <br />prior to mining. <br />The next instance in which NRCS was requested to make a Prime Farmland determination within <br />the New Horizon Mine permit boundary occurred in February 2008, well after mining of the <br />Morgan property, and other surrounding lands had commenced, around 2004. I've provide this <br />history to fully clarify the NRCS role as it relates to Prime Farmland determinations within the <br />New Horizon Mine permit boundary. <br />1. have spent countless hours providing technical assistance to Western Fuels, DRMS, and the <br />Morgan family regarding mine reclarnation issues within New Horizon Mine. Ironically, I have <br />participated in numerous meetings, site visits, and telephone conversations with Wester Fuels <br />and/or DRMS in which the Morgan family was not present. <br />Lastly, I would. like to address cooperation: there have been many instances when Western Fuels <br />challenged. my assessments and recommendations when they were "inconvenient" or did not <br />serve their interests, necessitating further justification or explanation on my part. This was <br />particularly true with regard to my recommendations regarding post-mining irrigation practices. <br />Western Fuel's has been uncooperative and manipulative regarding some of these issues and I <br />believe that this letter is an example of that behavior. On November 16, 1 was simply providing <br />objective, technical assistance, to the best of my ability, to a landowner who requested it. <br />Respectfully Submitted, <br />Jim Boyd, NRCS Resource Conservationist <br />-attachments