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DeJoia also stated that we had pinion and junipers prior to mining. All lies. WFC also <br />testified that they only used the water truck twice a week. All lies. They do <br />approximately 30 truck loads per day of "PIT WATER." A class 5 water. AND this "PIT <br />WATER" has been used for 8 years. And this pit water was used continuously on the A <br />lift and on the B lift on all the property being mined. When they stockpile the A lift or the <br />B lift, they do it in stages. Layer after layer of which the water truck watered each layer <br />being placed in the stockpiles controlling the dust being made. Also the explosives that <br />they use also contain a salt compound because you can smell it after every blast. So, <br />yes, all of our soils were contaminated with SALT in some form ALL of THE TIME FOR <br />8 YEARS. <br />The other soli scientist from Illinois testified that it was GOOD to put all of these rocks <br />back into the soils. This was actually better than what we had. It had no influence on <br />productivity, All lies. Dunkert may know ILLINOIS country which the soils are very very <br />deep but he knows nothing about what is critical here and neither did Dejoia. <br />While your accepting EXPERTS, CSU has been the most valuable source of <br />information for this area for all times. They are the ones we depend on and that NRCS <br />depends on and that the USDA depends on for this area. DR. BORCH was our expert <br />witness, a professor from CSU and also we had a former NRCS employee and expert <br />included in his rebuttal which was submitted to you. Also the letter from NRCS, our local <br />NRCS Jim Boyd and Dave Dearstyne, all of whom are non biased and not hired guns <br />and also from STEVE PARKS who wrote that ALL of our soils should have been <br />classified as BARX and not as WFC classified them as Darvey. Darvey, however is a <br />PRIME soil in New Mexico and even though Jim Irvine classified them as Darvey, this is <br />still a BARX type soils and still prime farmland. Again, this is all attempt to for WFC not <br />to have to comply to the rules and regulations and not have to do their jobs. We are ALL <br />baffled as to why the STATE would even consider this type of tactic. THE BOARD <br />ORDERED THEM TO RESTORE THE ENTIRE MORGAN PROPERTY BACK TO <br />PRIME FARMLAND, BOARD ORDERED! I would like a copy of THEIR APPEAL to <br />change any portion of this Board order which had to be done immediately after the <br />Boards decision. PLease send me a copy of that appeal. If they did not appeal this, then <br />again, they are breaking the rules and not in compliance. <br />On the first 51 acres, the soils had been disturbed, and given away. They also were not <br />segregated and protected. NONE of the soils, including the Bench one material was <br />segregated and protected. The mixed A and B lifts are no better than a "SUBSOIL ", <br />since they were not segregated or protected. The 20,000 cubic yards that WFC admits <br />to stealing, was "A' lift. our best prime soils with all the nutrients and every thing is what <br />they took and put on other properties. But, this is only a portion of the 1 96,000 cubic <br />yards that they continued to steal and put on Bud Bensons. Bud Bensons WEST which <br />the Morgan also owned prior to Bud Benson had SLACK DUMPS and gravel. Now, as <br />you can clearly see for yourselves, it is ALL topsoiled, DEEP TOPSOIL and is at least <br />27 feet higher than it was and documented by Marcia on your sight as being 35 feet <br />higher, which we also have objected to and still objecting to and should never get bond <br />release as it is. Dan Mathews wrote a letter to WFC asking them if this elevated <br />property of Bensons had anything to do with our claims of the stolen soils. I never did <br />see the answer to that. But, Lewicki documented that this elevation was due to "ALLOW <br />FOR SETTLING ", amazing, they need 27 feet higher to allow for settling and they want <br />8!Page <br />JoEllen Turner <br />970 - 864 -7682 p.8 <br />