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2010-04-22_REVISION - C1981008
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2010-04-22_REVISION - C1981008
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Last modified
8/24/2016 4:08:30 PM
Creation date
4/22/2010 2:29:51 PM
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DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
REVISION
Doc Date
4/22/2010
Doc Name
2nd Informal Certified Letter Regarding Intent to file a Civil Suit
From
JoEllen Turner & Michael Morgan
To
DRMS
Type & Sequence
PR6
Email Name
MLT
SB1
Media Type
D
Archive
No
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from us and used on others property, the DRMS and Western Fuels must talk this over with the <br />landowner. Until the letter from the Director which was all lies and the public meeting, DRMS <br />has not spoken a word to the Landowner or us until these last few days when we had to start <br />fighting again. <br />Western Fuels removed our Bench One material(very nice looking soil) on Friday the 9th, <br />Monday the 12th , and Tuesday the 13`h. We called and called and try to get this stopped. But, <br />Sandy Brown and Marcia did not put an end to this. Western Fuels removed and SPREAD <br />approximately 90 truck loads per day for 2 days with 100 ton per truck load. Bench One Material <br />has been classified as a substitute SUBSOIL to replace our prime soils that they have already <br />stolen. Bench One Material is also 55 feet thick in some parts of our place. NONE of our soils <br />except SCORIA and ROCKS are to be removed from the Morgan property and even those cannot <br />be given away or sold. <br />Sandy Brown told us that they only have to put a minimum of three feet. This is not true. THEY <br />MUST put a MINIMUM of 3 feet and ANY MORE that is Salvageable must be put back on the <br />Morgan Property! NO SOILS CAN LEAVE THIS PLACE. <br />The DRMS Has shown total NEGLECT again, and again we have lost our soils. First the DRMS <br />allowed WFC to remove our PRIME SOILS 53 inches deep and did not make them put it back <br />and now they are allowing them to again take our soils from this place. This is not right. <br />The Prime soils that we have lost, we will be suing for close to 5 million dollars for the life time <br />worth of damage and if this continues, we will double that. ANY Judge in the UNITED <br />STATES that sees what they have done and the damages that they have caused for a lifetime will <br />agree. Especially when we call and call and The DRMS keeps allowing them to ROB from <br />PETER to PAY PAUL. <br />The DRMS are also in violations as well as Western Fuels for not communicating with the <br />LANDOWNER about the things happening on his property. THIS is a LAW! NO MAJOR <br />things can be done on the landowners property that changes the way the land is to be returned <br />without talking to him first. We are also again objecting to TR57. We were lied to about TR57 <br />by the Division as well as Western Fuels. TR 57 is also about 300 pages long and a <br />TECHNICAL REVISION is a MINOR change not one as significant as everything in TR57. <br />The idea of mining is to put the spoil in the pit, the Bench One Material, subsoil, and the topsoil. <br />Our Bench One Material is 55 feet thick in some places and considered to be suitable subsoil, <br />and our root depth of Alfalfa sometimes exceeds 10-12 feet. If the law states that the Operator <br />must return the property to as good as or better, how does this work if they continuously steal our <br />soils so that we have much shallow soil and they end up dumping rocks and everything else in <br />there to take up space where they took our Bench One Material? All of them are breaking the <br />laws, rules, and regulations. When the State requires the operator to put a MINIMUM depth, that <br />means they have to put AT LEAST that much, but if we have the soils on this property and this <br />property is prime farmland, they cannot take the rest of our soils when the reach that minimum <br />and put it on other peoples property. If it is salvageable and they are salvaging it, it must stay on
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