2012-11-30_GENERAL DOCUMENTS - C1981008

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r RECEIVE: JoEllen Turner Dear Mr. Klein and Mr Walker Recapping Court: DRMS said that they did not agree with the Thank you, JoEllen Tumer 9 0%7 4,e(74,,/z) /).10c) 5 1 NO.1085 11/30 /2012 /FRI 10:28AM 970 -864 -7682 p.1 303 WFC soil scientist testified that rocks do not matter in the tops and bowdish and nyswonger soils pre -mine and that we did no first 56 acres and that the bench one material that is going bacvk is even deeper an what we had in pre - mining, and that the bench one material has all the qualities necessary to grow and produce even more yields than what we had and that they totally disagree with all the OSM evaluations and that they will be seeking further revisions to change our place to Non - prime farmland for the first 56 acres and then they are in full compliance with the permit that was in place pre - mining. They stated that the only available soils to be salvaged was the 21 inches because our soils were so shallow. They stated that although NRCS may have the authority to make a prime farmland determination that NRCS did not evaluate the Morgan property prior to 2008 and therefore it was not discovered as being prime until that time therefore based upon their new mapping, it is not prime farmland and they are reversing those decisions that stated it was prime farmland. WFC then filed and entered a lawsuit to recoup all of the damages that they have acquired from the expenses of soil evaluation, expenses have adequacy reviews and the list goes on and on including court and attorney fees. Your letter of Augustl, 2011 was entered in as an exhibit and referred to and they said that they totally disagree with all of your evaluations on the property. They also stated that the Bart soils on the property were not a 2E classification and since NRCS, OSM, or anyone with any authority were not ALLOWED to enter into this case, the only testimony regarding our soils was theirs because they made a motion that I could not testify as I was not an experience person and they refused to ask me any questions regarding anything to do with this property or our soils. We were hurt VERY bad by all of this. I am now entering a complaint as to "unwarranted failure to comply" they have been given a direct order by the Board that our property is to be returned to prime farmland standards and that our entire 107.96 acres will be treated as prime farmland and a prime farmland decision is at the hands of NRCS and they are the only agency having the authority to make a prime farmland determination. I also am entering a complaint that the soils scientist have stated that rocks can be in the soils,m that the property is just as good even if the soils are not segregated, and it does not matter whether they were or not becuase our property for the first 56 acres was not prime anyway. NRCS has documented since 1973 our place is Ban( 2E soils numbers 14 and 15 and then again in 1988 in the peabody studies it was prime farmland. We will continue filing these' objections to this, and to the fact that they are now trying to acquire a permit revision that specifically states oursoils are not prime, and that the Bench one is as good as wehat we had pre- mining.