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JoEllen Turner <br />970 -864 -7682 p.9 <br />to cut out topsoil more than in half of what we had, double tongued , don't you think? <br />Bensons property was that HIGH in one point by the house, but they have made this <br />elevation consistent ALL the way across with TOPSOIL that was NEVER there pre - <br />mine. Morgans OWNED that property, don't you think we would know ?. Also they have <br />completed reclamation on this property and applied for phase 2 bond release and they <br />still have a 10,000 cubic yard of MIXED LIFT that belongs to US, that none of you have <br />made them return!!. It's also the Morgan soil. Remember in Pr -06, they had a defeceit <br />of soils on the Benson property and used our soils to fix the defeceit. Now, they have <br />10,000 extra cubic yards, come on, have common sense. WFC also testified under oath <br />that WE forced them to stockpile bench one material and this is never done. You had <br />better go and take a look at their OWN property where they also stockpiled their bench <br />one, again lies. <br />Lewicki writes that NO soils were ever removed from the Morgan property after 2008, <br />including any Bench one. Maybe you should check your records of April 2010. We <br />called Marcia, We called Sandy Brown, We called David Berry. They were taking <br />hundreds of truck loads of Bench one, almost rock free material from the Morgan <br />Property. We took Mr. Morgans truck into our field next to the fence and had Mr. Berry <br />on the phone and we told him NO MORE. They are stealing soils again. Finally, Mr. <br />Berry called Lance and put a stop to it. This is IN WRITING and ON TAPE. The coal <br />miners could not believe that they were taking our soils again after they were told not to. <br />NONE of our soils except scoria, or gravel was to leave this place. Again Lewicki's <br />documentation is a FAlsehood. CHECK YOU OWN RECORDS AND I HAVE COPIES, <br />SO THEY WON'T BE MADE SO EASILY TO DISAPPEAR!! <br />Lewicki states that the Benson property was determined by DRMS as non -prime <br />farmland. Again, this was DOCUMENTATIONS done by WFC stating that the 1992 <br />letter of Dean Stindts disqualify any Barx soils in the permit area. Deans Stindts letter <br />was used illegally and NO prime farmland investigation had ever been done. A SOIL <br />SURVEY IS ONLY 1 /6TH OF A prime farmland investigation. They also supplied the <br />State with false information stating that we did not have the quantity of water required <br />for prime farmland. The rules and regulations state that it must have a 'DEPENDABLE <br />QUALITY" NOT QUANTITY. This QUANTITY is repeated by your own people over <br />and over and that is not what it says. IT SAYS QUALITY! They also had attended all of <br />the ANNUAL CCC DITCH water meetings and KNEW Mr. Morgan was the largest share <br />holder and KNEW that he had offered water to them continuously if they needed it. <br />THEY DID NOT WANT TO PAY THE WATER ASSESSMENTS AS AGREED UPON IN <br />THE LEASE, SO THEY REFUSED TO LEASE ANY MORE WATER. This is on tape <br />and was submitted as discovery. The rules and regulations state also that the <br />landowner is to be consulted and all things done to his property must be with what the <br />landowner has been doing according to normal husbandry practices and according to <br />the landowners desires. <br />Greg Lewicki also states "permit amendment" west of 2700 road. What is a "permit <br />amendment" and please send us a copy of that right away. We have been doing this for <br />5 years and have never been given this terminology. Is this a new regulation? I want to <br />have this in my possession as quickly as possible! <br />I think Mr. Lewicki needs to read the rules. he states that and I Quote "a soil with a high <br />coarse fragment content throughout its profile may be completely salvaged if used for <br />9 1 Page <br />