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2005-01-27_GENERAL DOCUMENTS - M1983052
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2005-01-27_GENERAL DOCUMENTS - M1983052
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Last modified
10/15/2024 11:50:57 AM
Creation date
6/4/2008 11:17:23 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1983052
IBM Index Class Name
General Documents
Doc Date
1/27/2005
Doc Name
Complaint in civil action #04-F-2196 (OES)
From
Terry Hankins
To
Gale Norton
Email Name
CBM
Media Type
D
Archive
No
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<br />p4/9 <br />Demand for Jury Trial:(con't) <br />I request that the jury find, after being provided with <br />all the facts, and after due deliberation, that the factual basis <br />of the BLM Notice of Noncompliance at the Ace#7 Mine as well as <br />at the Joker MIll were based on inspections that were insufficient <br />in duration and depth of inspection to arrive at an informed con- <br />clusion as to whether either site was in compliance or non-com- <br />pliance. While I do not know the amount of time spent at the Joker <br />Mill, I do know that the sum total of time actually spent in "in- <br />spections" at the Ace#7 Mine during the last seven years was less <br />than 3hrs 45minutes for all seven years. Many of the statments <br />i? <br />made in the inspection reports are false statments, in my opinion <br />intentionally made to cause damage to the mining industry in the <br />area(see Ref 4, Nov 27,2004 letter to U.S. Attorney General). <br />Many of the statments made in the BLM inspection reports <br />were pre-arranged, "canned" stat6nts about equipment that "was unused", <br />that there was a "long history of inactivity", or that process or <br />equipment was "inappropriate". Whether equipment is in use or not <br />is a matter to be determined by the owner of the property not by <br />a poorly-informed bureaucrat. And whether the equipment or process <br />is appropriate, or the scale of operations is adequate is not a matter <br />that is any business of the BLM whatever, that is strictly up to the <br />owner of the mine, since the mine is, after all, private property <br />in the fullest sense of the word(see U.S. v Shumway). <br />Such "canned" statments and phrases were common to the <br />inspection reports at both the Ace#7 Mine and at the Joker Mill. <br />This was very apparant to me after reading through both. Recommendations <br />for complete destruction were also contained in both supposedly <br />to achieve "reclamation" following abandonment. <br />ii
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