Laserfiche WebLink
Moreover, many of the alleged violations were addressed in prior permit <br />action by the Board (or, as a matter of statute, imputed to the Board) specifically <br />including the approval of TR -57 that had taken place and had become <br />unreviewable more than a year before the Board hearing on PR -6. In that permit <br />approval, which became an action of the Board after the plaintiffs not only failed to <br />appeal the approval of the permit revision but expressly withdrew their objection to <br />it, DRMS approved the use of certain material (referred to as "Bench I") as a <br />subsoil for the reclamation of parts of the Morgan property. <br />A major component of the plaintiffs' objection to MLRB's approval of PR -6 <br />is their contention that the Bench 1 material is not suitable of as subsoil for part of <br />the Morgan property. Plaintiffs' Brief at 24-28. That issue was previously <br />decided and was no longer reviewable by any agency or any court. It was <br />therefore not error, but manifestly correct for the Board to refuse to allow the <br />plaintiffs to re- litigate the matters the Board had previously approved in TR -57 <br />when plaintiffs dropped their objections and let the appeal period expire. <br />Immediately following the February 2008 discovery that prime farmlands <br />existed on the Morgan property, Western Fuels- Colorado changed soils handling <br />practices and implemented a sampling and testing program to evaluate subsoil and <br />topsoil replaced on the areas of the Morgan property that had already been mined. <br />100145923 2 ; 22 <br />