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2010-06-07_GENERAL DOCUMENTS - C1981008
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2010-06-07_GENERAL DOCUMENTS - C1981008
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Last modified
8/24/2016 4:12:50 PM
Creation date
6/11/2010 3:01:10 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
General Documents
Doc Date
6/7/2010
Doc Name
Faxed Letter from JoEllen (Sample Soil Survey, Barx Identified, Dean Stindts Letters)
From
JoEllen Turner
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
DAB
SB1
MLT
Media Type
D
Archive
No
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that we WERE NOT ALLOWED to attend after numerous days of begging Sandy, Mike Boulay, <br />Dan, and Marcia, and they still refused to allow us to attend this meeting which they ended up <br />using false documentation from this meetin. <br />How did WFC get a permit renewal? How did. WFC get a Major change in our property done by <br />a TECHNICAL Revision? Why are they still allowed to continue mining with so many illegal. <br />actions and so many violations of Federal and State laws. We are not going to allow just a white <br />wash here. We are requesting that these illegal actions be not just put in correct ENGLISH, but <br />that some is to pay for the soils that were stolen from us and ALL of these rules and regulations <br />be put in the right perspective and WFC be shut down until all of the facts and documentation is <br />corrected and them made to DO IT RIGHT. Including the paper work. <br />1.03(28) 1.04 (146) Unwarranted failure to comply "means the failure of a permittee to (1) <br />prevent the occurrence of any violation of his permit or any requirement of these rules due to <br />INDIFFERENCE or lack of DILIGENCE or REASONABLE CARE (2) the failure to ABATE <br />such <br />(152) "WILLFUL VIOLATION MEANS AN ACT OR OMISSION WHICH VIOLATES THE <br />ACT, RULES PL 95 -87 OR 30 CFR CHAP'T'ER 'V11 OR ANY PERMIT CONDITION <br />COMMITTED BY A PERSON WHO INTENDS THE RESULT THAT ACTUALLY <br />OCCURS. <br />(153) "Wilfully" means that an individual (a) either intentionally, voluntarily, or consciously <br />with intentional disregard or plain indifference to legal requirements in authorizing, ordering, or <br />carrying out or omission that constituted a violation failure or refusal to comply with ANY <br />regulatory requirement. In WFC application for a permit, they failed to address Prime farmland. <br />In WFC prince farmland determination, they failed to acknowledge a Class 1 soil survey <br />indicating prime soils and prime farmland as well as Alluvial$ within the permit area and used <br />FALSE documentation to disallow it by using a Ietter dated 1992 by Bean Stindt illegally and <br />inappropriately. WFC did not use the National Soil, Survey Handbook as required by all Federal <br />and State laws as a reference for determining Prime Farmland. In 1998 when prime soils were <br />documented, the Failed to contact the NRCS and the USDA. The State also failed in their duties <br />to investigate THE CHANCE OF PRIME FARMLAND. Agencies that were suppose to be <br />contaoted in - 1998, were not contacted and false documentation was provided. The State also <br />used the same documentation that WFC used in 23 instances by Marcia to disqualify any BA.RX <br />DARVEY soils and any Alluvials within, the permit area. The State should have also contacted <br />the Secretary of Interior and the US Department of Agriculture as well as NRCS to determine <br />either a positive or negative finding in. 1998, not 2008. <br />In 1998, 2.04.12 If there is a CHANCE , just as MAY BE prime farmland, the Applicant must <br />contact the US Soil conservation. Service BEFORE the APPLICATION is submitted. Ask for a <br />soil survey if they do not already have one and at that time, 1998, when they did a Class 1 Soil <br />Survey, PROVE with adequate documentation that there is NO Prime Farmland then and only <br />then can they request a Negative finding from. the Division. The Soil Survey Must indicate NO <br />PRIME SOILS. Not farmland. THE SOIL SURVEY MUST INDICATE NO PRIME SOILS. <br />
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