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approximately 190,000 tons stolen by the operator and documented as being taken and <br />documented that the Division allowed them to remove those soils and not return them. <br />(5) 34 -33 -102 protection of the environment, agricultural productivity, and assure that the rights <br />of the surface landowners and other persons with a legal interest are fully protected from such <br />operations. <br />(h) To the extent, if any, that the surface area proposed to be affected by the operation contains <br />Prime Farmland is not exempt from the special requirements of such article regarding <br />reclamation of prime farmland, the Division has after consultation with the Secretary of the <br />United States Department of Agriculture, and pursuant to regulations issued by the Secretary of <br />the United States Department of Interior with concurrence of the Secretary of the United States <br />Department of Agriculture determined that the operator has the technological capability to restore <br />such mined area within a reasonable time, to equivalent or higher levels of yield as non -mined <br />prime farmland in surrounding area under equivalent levels of management and that the operator <br />can meet the soil reconstruction standards in C.R.S. 34- 33- 120(2)(g). <br />(6) We submitted to the Attorney Generals Office, the Administrator, the Governor, the Secretary <br />of Interior, the Secretary of Agriculture, the operator, and the Division an "intent to file a Civil <br />suit" at the beginning of the year with all documents and issues included and we reported the <br />theft of our soils to the Division at the time that they were being removed, and the Division did <br />not act on those calls and written letters for months after the soils were stolen. This caused us <br />irreparable damages to this property and it can never be reclaimed to as good as or better than it <br />was. <br />(7) We can prove with testimony from the United States Department of Agriculture that the <br />Division as well as the operator knew for fact that Barx soils were a prime farmland soil. We can <br />prove that this information was available to the Division as well as the operator YEARS prior to <br />mining our property. We can prove with testimony and documentation from NRCS of the United <br />States Government that these soils were documented and known to be prime since 1973. <br />(8) We can prove that no consultation with NRCS or the USDA was ever done regarding our <br />property before it was mined. <br />(9) 2.04.12 A prime farmland investigation must be done if any prime soils exist in the area being <br />mined. We can show with DRMS documentation as well as NRCS and USDA that no prime <br />farmland investigation was ever conducted and for 15 years a prime farmland investigation was <br />never done. This must he done before a mining operation can enter prime farmland. <br />(10) 2.06.6 A plan must be submitted prior to mining for the restoration of the land to prime <br />farmland and the criteria for prime farmland must meet the National soil survey handbook which <br />is the official reference and the only documented in the Colorado Regulatory Program as a <br />reference that can be used. <br />(11)A prime farmland determination was not made from 1992 to 2008 and no investigation was <br />