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JoEllen Turner <br />970 - 864 -7682 p.10 <br />rangeland versus cropland" First off, 'ALL AVAILABLE TOPSOIL MUST BE SALVAGED <br />AND MUST BE "SITE SPECIFIC' THESE ARE THE RULES. AND IF IT INVOLVES <br />THE USE OF THE "C" STATA, BENCH ONE, THEN IT ALSO MUST BE SALVAGED <br />AND SEGREGATED AND PROTECTED. And they made it a part of their submittals <br />when they decided to on their own, use it as a suitable subsoil, again against all rules <br />and regulations. Our soils were ROCK FREE, ROCK FREE. It's WFC that tries to give <br />us back rocks in the soils instead of doing what he wrote to MR. Berry. Stating that any <br />of the bench one since we had no rocks in our topsoil are to be placed in the bottom of <br />the pit along with the nastier spoil and then the rockier bench one and then the GOOD <br />bench one which they stole most of it and put it on Bud Benson WEST, and on WFC <br />properties which were Lloyds and Johnsons April 2010, and then they brought us BACK <br />NASTY BLACK ROCKY SPOIL from their property, and even close to the surface This <br />is even on the property that is suppose to be protected and put back according to soil <br />profiles which they had in hand. Jim Irvines was a class one soil survey stating our soils <br />were prime farmland and showing each and every profile according to the National Soil <br />Survey Handbook and it shows the depth of our soils and even when FROZEN in <br />February and "FROZEN" as documented by him, he was able to obtain depths and <br />show our BARX soils. He also stated to me, Ross Gubka, Todd LaFevre, and Brent, <br />and all us that WFC would be entering PRIME FARMLAND and a lot of it right there on <br />the road when he was coming out. We were also given the "ORIGINAL" soil survey <br />which we presented in court and not the fabricated version that WFC gave to you in <br />2008 which in ALL their permits was the FIRST time that this soil survey was ever <br />mentioned. The JUDGE caught on very quickly and stated immediately Not considered <br />as Not being prime, a double negative, meaning a positive. The same things as they <br />done presenting the State with Mr -51 and MR -57 doing tremendous damages to our <br />property. Deliberate attempts to distort the facts and the truth. And the Judge only heard <br />it once and knew exactly what it really said. No one told him, he said it without any help. <br />The 1988 soil survey documented 3 areas on the Morgan property to be BARX soils <br />and stated in a a letter that ALL Barx soils if irrigated was prime farmland as did Dean <br />Stindts letter, and if they had CONSULTED with NRCS or USDA at any point or pulled <br />up the website or MADE ONE PHONE CALL, ANY ONE OF THESE, THEY WOULD <br />HAVE SEEN THAT ALL OF OUR PROPERTY WAS CONSIDERED PRIME <br />FARMLAND. 10 years later is illegal. 10 years later is against all rules and regulations. <br />10 years later after mining is completed is not acceptable. DRMS has guaranteed us in <br />documentations that OUR entire MORGAN 107.9 acres will be reclaimed and restored <br />to prime farmland. The letter of 2008 written by ROSS GUBKA states that our entire <br />property will be returned to prime farmland, and the BOARD guarantees our property <br />will be restored to Prime farmland and OSM has stated in many documents that all of <br />our property will be restored to prime farmland. IT WAS PRIME FARMLAND PRIOR TO <br />MINING AND CONTAINED MORE THAN 67% BARX IRRIGATED SOILS AND IT <br />MUST BE PUT BACK "as good as or better than it was, TO EQUIVALENT USES OR <br />HIGHER USES. By Greg Lewickie using prior documentation and opening prior permits <br />and revisiting prior determination before the 2008 meeting when a prime farmland <br />investigation was never done is also illegal as I was told at the pre - conference hearing <br />and also have documentation given to the pre - conference hearing office, Bruce Stover, <br />that NO documentation can be changed or revisitied or re- opened to show even back <br />101Pege <br />