2013-01-23_GENERAL DOCUMENTS - C1981008

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JoEllen Turner 970 -864 -7682 p.20 Board order which had to be done immediately after the Boards decision. PLease send me a copy of that appeal. If they did not appeal this, then again, they are breaking the rules and not in compliance. On the first 51 acres, the soils had been disturbed, and given away. They also were not segregated and protected. NONE of the soils, including the Bench one material was segregated and protected. The mixed A and B lifts are no better than a "SUBSOIL ", since they were not segregated or protected. The 20,000 cubic yards that WFC admits to stealing, was "A' lift. our best prime soils with all the nutrients and every thing is what they took and put on other properties. But, this is only a portion of the 196,000 cubic yards that they continued to steal and put on Bud Bensons. Bud Bensons WEST which the Morgan also owned prior to Bud Benson had SLACK DUMPS and gravel. Now, as you can clearly see for yourselves, it is ALL topsoiled, DEEP TOPSOIL and is at least 27 feet higher than it was and documented by Marcia on your sight as being 35 feet higher. Dan Mathews wrote a letter to WFC asking them if this elevated property of Bensons had anything to do with our claims of the stolen soils. I never did see the answer to that. But, Lewicki documented that this elevation was due to "ALLOW FOR SETTLING" Bensons property was that HIGH in one point by the house, but they have made this elevation consistent ALL the way across with TOPSOIL that was NEVER there pre -mine. Also they have completed reclamation on this property and applied for phase 11 bond release and they still have a 10,000 cubic yard of MIXED LIFT that belongs to US. It's also the Morgan soil. WFC also testified under oath that WE forced them to stockpile bench one material and this is never done. You had better go and take a look at their OWN property where they also stockpiled their bench one, again lies. Lewicki writes that NO soils were ever removed from the Morgan property after 2008, including any Bench one. Maybe you should check your records of April 2010. We called Marcia, We called Sandy Brown, We called David Berry. They were taking hundreds of truck loads of Bench one, almost rock free material from the Morgan Property. We took Mr. Morgans truck into our field next to the fence and had Mr. Berry on the phone and we told him NO MORE. They are stealing soils again. Finally, Mr. Berry called Lance and put a stop to it. This is IN WRITING and ON TAPE. The coal miners could not believe that they were taking our soils again after they were told not to. NONE of our soils except scoria, or gravel was to leave this place. Again Lewicki's documentation is a FAlsehood. Lewicki states that the Benson property was determined by DRMS as non - primefarmland. Again, this was DOCUMENTATIONS done by WFC stating that the 1992 letter of Dean Stindts disqualify any Barx soils in the permit area. Deans Stindts letter was used illegally and NO prime farmland investigation had ever been done. A SOIL SURVEY IS ONLY 116TH OF A prime farmland investigation. They also supplied the State with false information stating that we did not have the quantity of water required for prime farmland. The rules and regulations state that it must have a 'DEPENDABLE QUALITY" NOT QUANTITY. They also had attended all of the ANNUAL CCC DITCH water meetings and KNEW Mr. Morgan was the largest share holder and KNEW that he had offered water to them continuously if they needed it. THEY DID NOT WANT TO PAY THE WATER ASSESSMENTS AS AGREED UPON IN THE LEASE, SO THEY REFUSED TO LEASE consulted and all things done tohis pro regulations rty ate also that the landowner is to must be 301 rJ age