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