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DEC /26/2012/WED 11:44 AM FAX No, <br />WWI0 :60 4!M /ZTOZ /4Z /ZT BVTT'ON <br />: -OA V)P111 Ez ypph "4, 44, <br />Division. of Reclamation, Mining, and Safety <br />December 26, 2012 <br />■ <br />Dear Mr. Berry: We are filing a formal objection to the Renewal of the existing permit at the <br />New Horizon mine which is permit renewal number 6. <br />We have no new paperwork at the court house here in Nucla, Colorado. The permit application <br />has been available since December 7 but not the day it was publicized in the paper. The permit <br />application does not show any changes to the permit that is being renewed <br />Z'd <br />Z89L - OL6 JeuJnl ueii or <br />P. 003 <br />These are our objections: Permit renewal number 5 didnot include prime farmland to be put back <br />on our property. Permit revision number 6 was suppose to address all the issues of prime <br />farmland on this property and does not. Miss Pinata wrote a letter in response to a letter that I <br />wrote to the Governor and in her letter, she states that Western Fuels guarantees that they are <br />furnishing PERMANENT irrigation to be left on this place. And PIS706 does not state that. <br />Irrigation systems and pipe supplying irrigation must be left. We cannot irrigate as we had prior <br />to mining. <br />The soils on our property were mostly Barx soils. As presented in court, we produced the <br />ORIGINAL soil survey that was done by Jim Irvine and not the fabricated version presented by <br />Western Fuels and this was backed by the one from the Court House as well as the One from <br />NRCS. Jun Irvine was hired by Western Fuels and they did not use the Soil surveys that had <br />already been done by NRCS as what the rules state. The soils surveys previously done by NRCS <br />and on file since 1973 all showed our property as Barx soils and as prime farmland. The 1988 <br />soils survey was excellent and the Peabody studies also showed this. The official people that are <br />designated to determine prime farmland is NRCS. Steve Parks also wrote a letter that states that <br />our property was Bast soils and should have been designated as such. The Darvey soils were a <br />designation done by a hired soil scientist hired by WFC and now disappeared. According to the <br />National Soil Survey Handbook, the Darvey soils, however a prime farmland soils as you can <br />easily gather on your Internet service, The Darvey soils are found mostly in New Mexico, but are <br />prime farmland soils. BOTH the fabricated version of the soil survey and the true version of the <br />soil survey state that the Morgan property is prime farmland according to the National Soil <br />Survey Handbook. And even then, the Colorado farmland Inventory's so called typo error is for <br />soils LESS TITAN 40 inches to bedrock which our soils were not. <br />The Colorado rules and regulations governing surface coal mining states that A NEW SOIL <br />SURVEY SHALL BE OBTAINED PER THE REQUIREMENTS OF THE NATIONAI. SOIL <br />SURVEY HANDBOOK IF A SOIL SURVEY IS NOT ALREADY AVAILABLE FROM <br />NRCS. The soils had always been documented since 1960 as Barx soils. The National soil <br />:aniaDaE <br />