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JoEllen Turner <br />970 - 864 -7682 p.2 <br />property causing irreparable damages. Approximately 196,000 cubic yards of prime Barx 2E <br />soils were removed from this property and used by Western Fuels to reclaim other areas. Benson <br />West, Benson East, Garveys, and Burbridges as well in April Of 2010 reported to the Division, <br />more soils being taken to the Lloyd/WFC properties of which Mr. Berry put a stop to. <br />2.06.6(2)(ii) also violated <br />Information given to Western Fuels by their OWN soil scientist showed Barx soils and an <br />average depth of our prime soils on the Morgan property across the first 51 acres to be <br />approximately 48 inches. This was not a mixed lift which is no better that the subsoil since it <br />was not segregated. It shows an average depth of our topsoils as 53 inches for all the Morgan <br />property. Again, this is segregated, A and B lifts. Mixed lifts do not qualify for "A" lift material. <br />In the 8 years that Western Fuels has continuously mined the Morgan property, it has been <br />constantly contaminated with "Ground water" which is a class 5 and this "NT water has been <br />sprayed throughout the Morgan property with sometimes 30 loads per day. This high <br />conductivity "SALT" related water has had a detrimental affect from the beginning. Western <br />Fuels also did "HYDRO" seeding which I also have pictures of the Williams truck being filled at <br />the water stand and using again "PIT water to plant seed in the stock piles. This "PIT" water is <br />not good for livestock, domestic use, irrigation or anything according to DRMS OWN <br />documentation. <br />2.04.9 also has been violated because our soils horizons were never tested for suitability nor was <br />a prime farmland investigation ever done until AFTER THE FACT. Thery continuously <br />documented that the material that has been placed is of suitable quality, yet prior to the <br />complaints, NO tests were ever performed to determine soils suitable to that of which we had. <br />All soils on the Morgan property were suppose to be segregated in a separate lift. 4.25 This was <br />never done. Even if it hadn't been prime soils, it had to be SEGREGATED, 4.06. So, the entire <br />section of 4.25, 4.25.3.1 and the rest of 4.25 has been violated. <br />4.06.2(4) (a) also has been violated because if they wanted to use a SUBSTITUTE soil, that soils <br />had to be segregated before mining activities and protected until redistribution and this also never <br />happened. <br />NRCS not the National soil survey handbook was ever used to qualify the Morgan property for <br />prime farmland as required per law until AFTER the FACT. NRCS had already had soils <br />surveys available and could have been used, but Again, Western Fuels chose to HIRE their own <br />soil scientist and manipulate the decision and fabricate a "NEW" version of his results to <br />disqualify us, again not using the National Soil Survey Hand book that is requirted since it did <br />say "IT WAS ALL PRIME FARMLAMND ". <br />4.06.2 was violated. If they intended to use a substitute soil, it would have had to be tested and <br />proven. <br />IT ALL MUST be returned to the Quality, Depth, and Quantity that existed prior to mining as <br />