Laserfiche WebLink
greater than the pre- mining conditions; <br />f. authorizing side -roll irrigation sprinklers in areas of the Morgan property which <br />had been previously irrigated by gated pipe and furrow, thereby preventing row crop <br />cultivation, such as corn; <br />g. authorizing post- mining elevations, contours, and fill materials which will disrupt <br />historic irrigation, drainage patterns, and production on prime farmland; <br />h. authorizing fertilizer application at levels, or on a schedule, which is less than that <br />which was applied pre- mining; <br />20. In addition, the Board and DRMS personnel acted arbitrarily, capriciously, in a manner <br />prejudicial to Plaintiffs, and in violation of the substantive and procedural due process rights of <br />the Plaintiffs, as defined by The Fourteenth Amendment of the United States Constitution and <br />the Article 11, Section 25 of the Colorado Constitution, by actions which include, but are not <br />limited to: <br />a. improperly limiting the scope of Plaintiff's objection testimony and evidence; <br />b. improperly refusing to permit the testimony of other interested objectors at the <br />November 17, 2010 hearing; <br />C. improperly admitting irrelevant and cumulative testimony from WFC employees <br />concerning jobs, economic impacts of the mine payroll, and philanthropic contributions <br />of WFC to the community; <br />d. denying requests for a continuance and requests that the hearing be conducted at a <br />location which was more convenient to the Plaintiffs and the other objectors; <br />e. failing to honor Plaintiffs' request for a subpoena to a soil scientist witness who <br />was then present in the state of Colorado; and <br />f. failing to admit into evidence a proffered letter from the Natural Resources <br />Conservation Service pertaining to soil conditions and analyses. <br />21. These actions caused, and will cause, irreparable harm or damage to Plaintiffs in the form <br />of harm to the productive capacity of the Morgan property and to an irreplaceable prime <br />farmland soil resource. <br />22. Plaintiffs request that the Court direct the DRMS and the Board to assemble the record of <br />proceedings in this matter, as required by law. <br />