2011-01-14_ENFORCEMENT - C1981008

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n properties after 1996 which we had not even signed a lease agreement. Since 1992, NRCS or the USDA had not been called at all or contacted concerning BARX soils and in 15 years a prime farmland investigation had never been done. This is Mandatory as well as they had to contact the Secretary of Agriculture if there was even a chance of 1hime soils and 87 acres of our 107 was all Barx soils and All historically irrigated and cropped. All properties are site specific and there was not even an indication as documented in Pr-06 of any prime soils or anything. In fact, ALL applications stated that no prime farmland investigations were applicable and that there was not prime farmlands within the permit areas and that they had done EXTENSIVE research with the State and NRCS and in fact NRCS had never been contacted at all about BARX soils or anything WEST of 2700 road since 1992.. Jim Boyd from NRCS there were never ANYcalls made to him until 2008 and no one looked on the internet which shows all prime farmland and historically irrigated on cropped since 1960 and there was never any one called requesting that information. The answers were just a phone call away and were never done. We are not going to accept the fact just because they did not do their jobs that we have to lose 190,000 tons of prime topsoils and that we have to suffer the consequences of their ignorance to the rules and regulations and the Act and that we have to be punished for the rest of our lives because they did not do their jobs. If this was us doing that to all of you, we would be told that ignorance of the law is no excuse and we would have gone to prison for life, for millions and millions of dollars worth of topsoil stolen at the going price of $100 per ton, figure it yourselves. They would have thrown away the key. We should not have to hire an attorney to make sure they do their jobs which is the law. On December 23, 2010 after it had rained for two days and very nasty. The mine moved our "A" lift which they had pushed up and loaded it in haul packs and running on our "B" lift in the mud, hauled our "A" lift to the stock pile tracking and compacting everything. Our good dirt stick to the tires and tracking everywhere and compacting our topsoil stockpile of the "A" lift in wet wet conditions. WHY? Because the Boar approve PR-06 not even knowing what it says or what is in it Ross Gubka from Western Fuels has snuck comments in PR-06 such as our prime soils, can be worked inert -icy. snowy conditions and t e oard approved it. CFhe rules specifically state that Prime land needs to be worked in the driest of conditions to preserve it and not allow for contamination-Q The Board doesn't even realize everything that they agreed to and approved in this 2300 page revision that should have never been approved as it is written. This again is a violation of the rules, regulations and the .Act. Pr-06 is a violation in itself. Other violations that have occurred throughout the mining are technical revisions being used incorrectly. Technical revisions that are suppose to be of a minor nature and no major changes can be done by a technical revision have been done numerous times changing reclamation, soils handling, soil salvaging etc. that are illegal and cannot be used. Minor revisions causing irreparable damages to our property and cannot be used except for a minor change and were used to make very significant major change such as 51 and 57 causing irreparable damages to our property and are not accepted and if I have to take this all the way to supreme court, I will. I am contacting the Governor, the President, and the Congressman. We are being deliberately hurt here out of negligence and the violation of all rules and regulations and the Act and if I write enough letters, I will find someone who will listen and help us. This is