2012-08-10_GENERAL DOCUMENTS - C1981008

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RECEIVE: Porch Environmental Pollution Consulting (BEPC) August 1, 2012 Re: Morgan, et al. v. Western Fuels - Colorado LLC, et at District Court, Montrose County, Colorado, Case No. 2010CV367 PRELIMINARY FINDINGS The following constitutes my preliminary findings with respect to soil conditions and reclamation issues affecting the property of Frank Morgan and Mary Lou Morgan in Montrose County, Colorado. This report is based on the documents provided to me by Mr. Christopher G. McAnany, as referenced in the attached summary, review of relevant scientific literature, personal interviews, and my visit to the site on July 24, 2012. Electronic links to various sources are included at various points in the text below. The Morgan property includes approximately 108 acres of irrigated farmland which was leased for coal mining to Western, Fuels Colorado, LLC (WFC) in 1998, as well as other farmland which is outside of the WFC coal mining permit boundary. The Morgans and their son, Mike Morgan, and their daughter in law, Joellen Turner, have farmed the property for many decades, raising row crops such as corn, as well as alfalfa. In recent years the Morgans became concerned with soil handling practices undertaken by WFC, and those concerns have resulted in a number of complaints to regulatory authorities, as well as the current lawsuit. Specifically, the Morgans are concerned that the mining and reclamation practices have resulted in damage to their lands, in violation of the coal mining lease and applicable regulations. They have asked that l evaluate these practices. Question 1: Do the soil conditions on the Morgan property constitute "prime farmland soils"? I rely upon the accepted official definition as stated in the National Soil Survey Handbook (NSSH) as well as published materials and letters from the Natural Resources Conservation Service (MRCS): I. Definition. Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and that is available for these uses. It has the combination of soil properties, growing season, and moisture supply needed to produce sustained high yields of crops in an economic manner if it is treated and managed according to acceptable farming methods. In general, prime farmland has an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, an acceptable level of acidity or alkalinity, an acceptable content of salt or sodium, and few or 1uo.rocks. Its soils are permeable to water and air. , Prime farmland is not excessively eroded or saturated with water for long periods of time, and it either does not flood frequently during the growing season or is protected from flooding. Users of the lists of prime farmland map units should recognize that soil properties are only one of several criteria that are necessary. For other considerations see: Page 1 of 13 NO.0743 08/10 /2012 /FRI 12:11AM