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ever performed regarding the Morgan Property. <br />(" 12) A reclamation plan, soil salvaging plan in two lifts, soil redistribution plan, all had to be <br />done and submitted and approved prior to any mining on prime farmlands. And approved by the <br />landowner. Any changes made to a landowners property must be approved by the landowner. <br />(13) The mine is 3/4 of the way done and a plan was submitted PR -06 on November 17, 2010 at <br />the formal hearing and we were denied a chance to speak about anything that has happened to our <br />property and we were forced to accept PR -06 which we are still objecting to and they do not have <br />our approval because we will not accept less than what we had. Also another 35 people, the <br />largest ranchers and farmers in this area were denied to be at the formal hearing and denied to be <br />heard as they had requested and were told a 2 "d formal hearing would be arranged and was not. <br />These plans had to be in place and approved prior to any mining and instead they made it a take it <br />or leave it situation and even though we still did not approve or agree to it and PR -06 was 90% <br />our property and the only prime farmland owned other than by the mine itself, we asked and <br />begged again for it not to be approved because they could not give us back what we had, the <br />Board still approved it. There were suppose to be I 1 Board members and only 5 showed up. <br />(14) PR -06 which is a revision to the current permit that did not recognize prime farmlands and <br />because of this, the Division approved PR -06 and it does not protect us nor does it put our <br />property back as good as it was and the Division failed again to protect us and enforce, <br />implement, and maintain the Colorado Regulatory Program that was given to them. <br />(15) 4.252(2) Soils shall be removed before any drilling, blasting, mining, etc. and we can prove <br />that they stole these soils, Barx Prime soils, and they were not returned as per testimony of <br />DRMS and the operator themselves. <br />(16) We have apology letters from the Division as well as the operator stating that they are sorry <br />for what has happened, but they state that they cannot change what they have done, so, we have <br />to accept the fact that we have lost our soils and they can only make things as good as they can in <br />a forward plan but they can never give us back what they have taken from us. This is not <br />acceptable by us. The soils that were stolen are priced at 5100 per ton from every source that we <br />have called and none of those sources have the quality or quantity of the soils that we had stolen <br />from us. <br />(17) Numerous documentation by the operator and by the Division that they allowed the operator <br />to remove those soils and that there is nothing that can be done now except a civil suit. This is <br />also what the Office of Surface Mining has told us repeatedly that the only chance we have is a <br />civil suit against the State and the Operator for our losses. This has been investigated <br />thoroughly. <br />(18) None of the Rules and Regulations governing prime farmland were followed. <br />(19) 4.2 5.3 Any substitute soil must be as good as or better than what was in the Natural <br />existence. We can prove with testimony from NRCS and the soil scientist that this cannot be <br />