Laserfiche WebLink
DEC/26/2012 /WED 11:44 AM <br />11V00:60 aZA /ZtoZ /9Z /ZL <br />FAX No, P. 004 <br />9tryI ' oN ' 3AI30311 <br />survey handbook states that if 67% of the property being evaluated has prime soils and is <br />considered prime soils, then the entire ACREAGE is to be considered primefarn land, Since 87 <br />acres of the 107.9 acres were Barx soils on the Morgan Property, then the entire acreage is <br />considered prime farmland. Pr -06 still does not contain those correct facts or show that our <br />property was Barx soils and that Darvey was a designation done by a hired soil scientist by WFC, <br />but the Darvey is a prime farmland soil. <br />The Act states that the property must be returned to the USES that it had prior to mining, to <br />higher or better uses. PR -06 does not allow for us to grow corn and the irrigation that is <br />suggested for portions of the property is not as good as what we had prior to mining. Since we <br />cannot go back to that type of irrigation, then we need something that will support the uses of the <br />land that the land had prior to mining and these systems must be left as Miss Pinata stated <br />because after bond release, we must be able to continue right on farming and producing. <br />The rules and regulations state that the property must be RESTORED to equal or better condition <br />than it was prior to mining. The definition of restoring the soils as stated in the pales and <br />regulations is " to put back in the exact place to the exact condition prior to disturbance ". The <br />National Soil Survey Handbook not only requires the segregation of prime farmland soils, but it <br />gives the depths of each horizon and requires for those to be "redistirbuted" as they were in their <br />natural state. PR-06 does not allow for that either. 196,000 cubic yards of Bar: soils were <br />removed from this property as DOCUMENTED by WESTERN FUELS themselves_ to 2000, <br />WFC documented that we had an average of BARX/DARVEY soils of 47 inches. This is in their <br />permitting. Using also Jim Irvines, hired by Western, Fuels, it also shows on the first 51 acres <br />that we had an average depth of Barx soils of the same, approximately 48 inches. NRCS has <br />already designated our entire property as prime farmland, the official designation. So, as being <br />designated as prime farmland, and also documented by the Board as prime farmland, it needs to <br />be "RESTORED" put back in the exact place to the exact condition as it was in it's natural <br />existence as also the rules and regulations state. It must be put back to the DEPTHS, Quality, <br />and Quantity that existed in it's NATURAL existence. This is both in Federal and State laws. <br />PR -06 does not allow for that. ha fact, they want to take from our West half to fix the East half <br />where the soils were stolen from. This is again a violation of the rules and regulations. Barx <br />soils need to be brought in as NRCS stated to give us back what we had. There has never been <br />any official determination that Bench one is a suitable subsoil and in fact, is not. The rock <br />content alone eliminates it as being used for a replacement soil to replace BARX. Barr soils <br />cannot be duplicated as stated by NRCS. Pr-06 allows for bench one as a suitable subsoil. Again <br />a violation of the rules and regulations. The determination of the suitability of a soil to be used <br />as a substitute must BE DONE PRIOR TO ANY MINING, it also had to be segregated and <br />protected which it was not. All of these soils were continuously contaminated with the use of Pit <br />water as dust control as your own permitting documents clearly state. When similar pit water <br />was dumped into Patty Morgans stoekpond from the East side of 2700 rood., IT KILLED ALL OF <br />HER FISH and the cows would not drink it and other water was used to water her livestock. As <br />your past permits state, it contains, mercury, arsenic. And very high salt content. The test results <br />that we have back of this water is deadly. WFC has also failed a wet test even after it was highly <br />diluted. <br />Pr -06 does not address any of the issues we keep writing about. The mine was suppose to <br />E <br />Z89L <br />Jawnl ualf�Qf <br />