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2010-04-06_ENFORCEMENT - C1981008
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2010-04-06_ENFORCEMENT - C1981008
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Last modified
8/24/2016 4:03:24 PM
Creation date
4/6/2010 12:50:45 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
ENFORCEMENT
Doc Date
4/6/2010
Doc Name
Ten Day Notice & Citizen Complaint
From
OSM
To
DRMS
Violation No.
TDNX10140182003
Email Name
DAB
SB1
MLT
Media Type
D
Archive
No
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before drilling, blasting, or mining, in accordance with 4.25.3 and in a manner that prevents <br />mixing or contaminating. <br />The productivity of the land prior to mining, including appropriate classification as PRIME <br />Farmlands, as well as the average yields. <br />Requirements for prime farmland to ensure that the land will have agricultural productive <br />capacity which is equal after mining to PRE mining levels and the LAND IS NOT LOST AS A1�T <br />IMPORTANT NATIONAL RESOURCE. <br />The operator must lease or use other sources of water to restore prime farmlands back into <br />production. <br />The management level is what the USDA determines to be a high level of management, not <br />what the operator or DBMS thinks our management level was or what other farmers management <br />level was. It is a set amount determined by the USDA irregardless of what they think we were <br />doing. <br />The National soil survey handbook is the official reference for Prime farmland soils and must <br />be kept in the Divisions office. <br />Technical revisions have been used inappropriately. <br />Permit renewals and permit revisions have not been publicized properly and any objections <br />have been disregarded when DRMS saw fit. The landowner has not been involved and made a <br />part of decisions concerning his own property. The DRMS and WFC only involve the landowner <br />if he happens to read a public notice in the paper and if he understands it and if he can have an <br />objection filed in time even if he has not seen any of the material. Lease agreements have not <br />and cannot be met now because of the damages caused by the removal of our prime soils. <br />Even today, the DRMS has not contacted the Secretary of Agriculture, The U.S. department of <br />Agriculture, and the Secretary of the United States Department of interior. These people must be <br />contacted and WE CAN BE A PART OF THE PLAN as landowners to establish the reclamation <br />of this property and an AGREEABLE solution to Western Fuels already removing Most of our <br />prime soils and the DRMS needs direction on HOW TO Address prime farmland. This may be a <br />very expensive solution. <br />We are also adiacent to Alluvials and even TODAY, soil is being removed illegally. DRMS still <br />are not checking the properties out and seeing where the alluvials as well as prime farmlands are <br />located. They have continued as if there was never any meeting of February 18`h. All of these <br />violations that I am writing about have already been done and are still being done and have <br />already been passed and DRMS has already made rulings on and now the Federal Government <br />can enter into it. I stopped at the point of Permit- Revision 46 which is an illegal permit because <br />PRIME FARMLAND cannot have REVISIONS done to it. By following ALL the State and <br />Federal laws, once it has been determined as Prime Farmland, before the mine entered, it cannot <br />be changed. Since the mine violated the entrance laws and DRMS allowed them to do so, the <br />remainder of the property must follow the rules and regulations set forth governing Prime <br />Farmland. DRMS takes everything out of text and do not understand their own laws. <br />The adequate and dependable water supply is one that is good 8 out of 10 years and is the water <br />supply to the area which is the San Miguel River and CC Ditch. It is this way because back East, <br />the water supply is RAINFALL and usually about 26 inches, and the law, applies to both areas. <br />
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