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2010-11-29_GENERAL DOCUMENTS - C1981008
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2010-11-29_GENERAL DOCUMENTS - C1981008
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Last modified
8/24/2016 4:27:20 PM
Creation date
2/19/2014 7:38:21 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
General Documents
Doc Date
11/29/2010
Doc Name
Plantiff Response to Defendants Motion to Dismiss
From
District County Montrose County Colorado
To
Frank Morgan
Permit Index Doc Type
General Correspondence
Email Name
DAB
Media Type
D
Archive
No
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accomplished and therefore the rules stating that it will be put back as good as or better with <br />yields as good as or better than before mining cannot be fulfilled. <br />(20) 4.25.2(4) The aggregate prime farmland acreage shall not be decreased from what it was <br />prior to mining. No bodies of water can be built on prime farmland and the Division built a large <br />pond, ditches, etc. and even a road in the middle of our prime farmland. <br />(2 1) We can show with the Divisions own documentation that prime farmland soils were stolen <br />and the land owner was not protected. <br />(22) The Attorney Generals Office as well as DRMS has all of this documentation and all of the <br />100's of letters that I have written requesting help, requesting them to stop breaking their own <br />rules and regulations. Documentation showing that Technical Revisions were used illegally. <br />The use of these revisions were for MAJOR changes causing damages and cannot be used for <br />major changes, only minor changes. <br />(23) We can prove where minor revisions were used causing irreparable damages to our property <br />and these minor changes were used and approved by DRMS and were again used illegally <br />according to rules and regulations and could not be used for these MAJOR changes that they <br />were used for. <br />(24)These government agencies such as NRCS and the USDA documented in the Permits issued <br />by the Division these facts and through their testimony, we can prove that we have been done <br />wrong and their permitting should have never been allowed. <br />(25) We can prove that because of the lack of knowledge and expertise governing prime <br />farmlands were not available through the Division causing the loss of our prime soils and <br />irreparable damages to the landowner and the landowners property for the rest of our lives. If <br />they are allowed to continue mining now and continue with their plans, more damages will be <br />done to this place as a result. <br />(26) DRMS had documentation by NRCS that the Barx soils were prime soils since the <br />beginning of the mine. <br />(27) 4.15.11 states that all areas affected by surface coal mining operations shall be restored in a <br />timely manner. This place was leased in 1998. The land must be restored to (1) conditions that <br />are capable of supporting the uses which they are capable of supporting before any mining(2) to a <br />higher or better use achievable. <br />If it please the court, this is not being done and we have the right to file a civil suit to help <br />guarantee that these conditions are met. The Colorado Regulatory Program gives us those rights. <br />We are not attorneys and don't claim to be nor do we have the money for an attorney. The only <br />choices we have is to try and fight this ourselves. I don't think the $157 that we have in our <br />account is going to pay an attorney nor do I believe that it will pay for the Divisions attorney. So, <br />to request that we pay all attorney fees, is useless, because even if that was what was awarded, <br />
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