2010-11-04_REVISION - C1981008 (5)

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INTRODUCTION The Surface Mining Control and Reclamation Act was signed by President Carter August 3, 1977 into law. Like most environmental statues passed, SMCRA was a cooperative federalism approach which the states are expected to take the lead in Regulation while the Federal Government oversees their efforts. The state must have laws as strict as the federal Bove anent. So, the states issue their own permits, inspect the mines, and take enforeement actions themselves when necessary. State agencies as well as Federal. require the operator, which in this case is Western Fuels, to obtain permits before conducting surface mining. They must describe at minimum what the pre- mine uses are, how the mine will meet the standards, and the post mine reclamation. In this case, the lands in question were all Prime Farmlands that had been historically irrigated and cropped for 59 years by Frank Morgan. Documentation that is included with this objection will show the Morgan properties as irrigated and as cropland as early as 1960. Documentation will also show t he land was furrowed and contained Barx soils which were considered to be prime, also as --vd y as 1960. Any post mining land use must be compatible with adjacent prince farmland use ,and shall remain valid throughout the surface mining operations. We will furnish documentation that shows no prime farmland investigation was done, even though, most of our entire property was Bari prime soils and Mr. Morgan. was and is the largest shareholder of the CCC Ditch. We vsiill show that no negative determination was ever requested in writing, prior to the permit approval, and that no thorough investigation was ever done proving beyond a doubt that the Morgan property was not prime. We will show that Western Fuels presented documentation to the Division stating that there was no prime farmland in the permit area and documented in permit applications that prime farniland investigations were not applicable. We will show that Western Fuels used illegal revisions to change irrigated and cropped properties into dryland, change soil lift operations causing irreparable damages, and removed Morgan prime farmland soils causing irreparable damages. PR-06 does not have accurate information and even in the summary of PR-06, the information is not correct and will not be accepted by the local farmers. This objection will be submitted with the signatures most of the larger farmers in this area as well. as numerous others. PR-06 with it's contents and facts as they are documented incorrectly will and has caused irreparable damages to local farmers. Surface Coal Mining Operations and the Reclamation of the land affected by such operations are both necessary and proper. in Article 33, the Act assures us that the protection of the land. owner, the landowner rights, the landowners property, and the agricultural productivity are all protected to the fullest extent of the Rules and Regulations. In the pre-mine stage, the operator is obligated to lease enough water or to provide by other