2013-03-08_REVISION - C1981008 (2)

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Borch Environmental Pollution Consulting, LLC October 2, 2012 spoil in the bottom of the pit, then the rockier bench one and then the nicer soils. However that was clearly not what I saw during my visit. Additional Response to Mr. A. DeJoia's Report (see also above): I am surprised by the assertion by Mr. Dejoia that 80% of the Morgan property was used as irrigated pasture and crop land before mining. First, the definition of pasture is: "Pasture (from the Latin pastus, past participle of pascere "to feed") is land used for grazing. Pasture lands in the narrow sense are enclosed tracts offarmland, grazed by domesticated livestock, such as horses, cattle, sheep or swine." The pre- mining land use documented by the Morgans and others was that the property was used for irrigated alfalfa, corn and other crops. To use the word pasture is wrong since there were no pasturelands before mining was initiated. Also Mr. Dejoia states that the Morgan property had pinion and juniper trees which also appears to be incorrect. Mr. Dejoia attempted to answer 7 questions in his report as well as evaluate or criticize my expert statements. The 7 questions are outlined here: • Determine if the entire Morgan property was prime farmland prior to mining. • Determine if the mixing of the A and B horizons Impaired the soil suitability to be utilized for reclamation of prime farmland • Assess the quality of A lift, B -lift and Mixed Topsoil for reclamation of prime farmland on the Morgan Property. • Assess the impacts of the alleged removal of 20,000 cubic yards of soil material from the Morgan Property on reclamation potential of non -prime and prime farmland. • Assess the impacts of utilizing bench one material as suitable subsoil on non- prime farmland reclamation. • Determine if soil depth will negatively impact crop productivity at the site. • Determine if proposed topography of the post mining site will inhibit irrigated agriculture. It is very important to note that Mr. Dejoia is an agronomist and, therefore does not have the training or authority to make Prime Farmland (PF) determinations. Only NRCS has the authority to make a PF mapping determination. (http: // soils. usda. gov / technical/ handbook/contents /part622.html). Soil sampling and soil survey is only a small part of a PF investigation. Soil sampling and survey are conducted to determine the depth of the soils, the chemical and physical properties, etc. Once this has been done NRCS will make the final decision as to whether it is prime farmland based on the surveys and other facts available. 121 Page PLTF 002486