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and were told by Marcia, Dan, and Sandy on TAPE which I have that there would be NO <br />decisions made at this meeting. They all have continued. to used all discussions at this meeting <br />which we were not allowed to attend and use it for facts without any of our consent and in fact <br />against all of us and I can let you listen to these tapes if you would like and you will see that we <br />were promised that NOTHING from that meeting was in concrete and that there would be <br />absolutely NO decisions made without our written. consent. <br />(70) (a) "Knowingly" means with respect to individual civil penalties that an individual, knew or <br />had reason in authorizing, ordering, or carrying out an ACT or OMISSION and such an act or <br />omission constituted failure or refusal to comply with ANY regulatory requirement. This has <br />been done not only by WFC but by the State. <br />(71) Land Use This is critical. "Land uses of the land. Not the VEGETATION cover of the land, <br />but what the land was used for. This goes back again that the land could be sitting out here with <br />NO crops, No pasture, No hay, just dirt, but if it had been used for cropland S out of 10 Years, it <br />is HISTORICALLY used for cropland. Farm seasonal and ALL documentation and <br />ALL pictures are to be documented during th MOST oductive time of the Year. During <br />harvest season. There should be NO documents .. one during the OFF season. From <br />November to April, there should. be NO documentation or pictures. <br />Here are the choices of categories to be used to determine land uses per 1.04 <br />(a) cropland -- --Land used for PRODUCTION of adapted crops. This includes but not limited to <br />row crops, small grains, hay crops, orchards, etc. <br />All of the areas within the permit area. Morgans, Johnsons, San Miguel Power, Staats, Martins, <br />Bensons, Garveys. All of these farmers had crops used for production every YEAR. Their entire <br />places may not have been in full production, but the land was used to produce hay for their cattle <br />and sheep. Some of them had some pasture, not us, but even their pastures were hayed for <br />production when the cattle or sheep were moved. When NH2 was required to RE- permit it with <br />a new application since NH1 and NH2 were separated, WFC should have used rule 1.04 and <br />documented these places according the terminology and laws that were set forth. THEY did not. <br />They tried to use the old terminology designated by Peabody which a lot of those were before <br />1977. No one followed these Laws that were put forth, to protect the farmer,. And this <br />documentation had to be done during FARMING season. <br />These were all cropland not pasture lands. The farmers and ranchers here graze their cattle and <br />sheep on the cropland until the spring and BLM or summer pasture became available usually <br />around April or May and they moved their livestock off these properties, begin irrigating. The <br />water was usually available by the middle of April and, they would fertilize with bought fertilizer <br />or manure and raise their. crops. Corn, hay, oats, wheat, etc. Most Farmers in this area got at <br />least 2 cuttings and many three cuttings, we sometimes got 4 cuttings off the field that they have <br />labeled as irrigated pasture. All of this documentation and classification. should have been done <br />this time of the year. After harvesting was all done and fall approached, the ranchers and farmers <br />would begin bringing their livestock off of the mountain and usually returning them to the farms <br />