2011-01-24_ENFORCEMENT - C1981008 (2)

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These are mandatory rules and regulations. These are not pick and choose which ones they can apply today and which ones they don't have to. They are in violation today even because the soils that must be returned for prime farmland must be equal to or better than what we had and the soils must be of the depths, quality, and quantity that was in the natural existence. The so- called suitable subsoil that is being used does not meet any of those qualifications. Our Bari soils were up to 72 inches deep and if they would read all of 4.25 governing prime farmlands, they would see they are taking and using only half of the rules and not reading the full context of the entire requirements. Also, the Barx soils cannot be moved from one place to another and the 48 inches minimum is also being taken out of context. Some prime farmland does not have soils that are 48 inches deep, some are only 40. So, they wrote the rules so that a minimum of 48 inches is required or to the natural depth. But, if you continue reading, the soils must be returned to the Natural depth_ It states that all soils must be reconstructed to be equal to in depth quality, and quantity that was there in the natural existence. If our Barx soils were 72 inches deep, they need to be returned to the depths that they were as much as possible and be equal to or better than what we had. In Pr -06, they use the 4.06 rule which does not apply to prime farmland, they also use the 4.15 rule which also is not prime farmland. It states specifically that these rules can be used for all lands in the permit boundary except for Prime Farmland. (17) We are objecting to the approval of Pr -06 as it is written and we are not going to accept Pr- 06. Pr -06 is detrimental to our property and is not in compliance with all the rules and regulations governing prime farmlands. Since pr -)6 has now been accepted by the Board, we are filing again a citizens complaint - because they have not implemented, enforced, not maintained the State program that has been given to them to govern surface coal mining and prime farmlands. (18) Permit #5 came out. We never saw it nor was we ever given a copy. We begged and begged for a copy but was never given one. When we went to the courthouse, it was there for a day and we were asked to leave because of a jury trial and when we went back the next day, it was gone. Mr. Morgan asked for a copy and was denied. The rules and law state that copying is suppose to be available at the court house and it is not allowed. A& Morgan is blind and cannot see, read, nor write. At that time, it was difficult for him to see, but if he could have it at the house, he could put it under a huge magnifying glass and read very slowly. But, when we called WFC, he was dcnicd. Also, they had all agreed to supply him with anything that affected the Morgan property and did not. Not Pr5 or Tr-57. We were not even allowed to check it out and get it copied and bring it back. (19) In 2007, they stole our very best Barx topsoil over a 51 acre piece up to 72 inches deep or better. We went to Lance Wades Office at WFC and ask them to quit. Lance told Michael and Mr. Morgan, that this is a communist State, those who have give, those who don't, take. He continued removing our soils. I then called every number that I could and finally was told that it was the Division that I needed to talk to. I then called Dan Mathews of DRMS in the Gran Junction office and told him that they were stealing our prime soils. After 3 more days and nights, they finally stopped. No one came, no one talked to us, nothing. This was the fall of 2007 and it was February of 2008 before they did anything. We vvere told then that they were going to have a meeting in Grand Junction. We begged and begged to be allowed at this