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2011-01-24_ENFORCEMENT - C1981008 (2)
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2011-01-24_ENFORCEMENT - C1981008 (2)
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Last modified
8/24/2016 4:29:19 PM
Creation date
1/25/2011 9:25:46 AM
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DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
ENFORCEMENT
Doc Date
1/24/2011
Doc Name
Ten Day Notice Regarding Citizen Complaint with attachments
From
OSM
To
DRMS
Violation No.
TDNX11140182002
Email Name
DAB
SB1
MLT
Media Type
D
Archive
No
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i <br />approved. This so- called suitable subsoil was not segregated separately, this so- called suitable <br />subsoil raised the salt content and the rock fragment content and size. We had prime soils down <br />72 inches deep. In Pr -06 it states that we had up to 69 inches again wrong information. And, in <br />fact, we are getting much deeper depths than even documented. The reason there is prime <br />farmland soils is because of the physical and chemical characteristics and well as the. texture and <br />depth of those type of soils which make the prime farmland so valuable. In Pr -06, it is <br />documented that this elevated salts and rock fragments may be suitable for shallow rooted plants <br />but the deep rooted plants may not do well. When the Board approved this suitable subsoil, they <br />again violated the rules and regulations because 4.25 states specifically that a substitute must be <br />equal or better than what we had and we had the very best. It also states that it must be of equal . <br />or better quality and to the depths of what was in the natural existence. Again, a violation'. Also <br />on the East side of 2700 road, ere is a stoc -pre which e ongs to us. Some that was{stolen. <br />This pile is a mixed lift and the only property that was done in a mixed lift was ours. Also they <br />use our soils even today to fill in sink holes on other peoples property. They also state in Pr -06 <br />that our soils were used for a deficiency on Bud Bensons property, yet they have another mixed <br />lift of what should be ours stockpiled on Bud Bensons property. Why steal our soils? They had <br />a stock pile that they claim was Buds, good soil, mixed lift, and they are finished completely with <br />Bud Bensons, so where did the Mix lift of soil come from. They have to do a two lift operation, <br />and they did on everyones but ours, how do they have all of these stockpiles o rztf ixed g000c Tip <br />soils? <br />I want an investigation. I want OSM to come again. They approved Pr -06 and they are in total <br />non- compliance of the rules and regulations. Mr. Berry wrote a letter to WFC and stated that <br />they do not have to get landowner consent, that there are other ways around getting Pr -06 <br />approved. This again is against rules and regulations. No major changes can be made to a <br />landowners property without written consent from the landowner. The property must be returned <br />to as good as or better than it was prior to mining_ In Pr - -06, they want to give us back 22 inches <br />of a combined A and B lift on top os this so- called suitable subsoil. This is not acceptable. This <br />was some of our most beautiful and best farmland and we are not accepting that and they can't <br />just pick and choose which pieces of our property they are going to put back and how. <br />They have a pond in the middle of our prime farmland which is again against all rules and <br />regulations governing prime farmland. Now WFC don't even know that they will Conine the coal <br />under the pond and they want to leave the pond until after bond release. We want the pond out of <br />there. It should of never been permitted. Rules and regulations state specifically that no ponds <br />can be built on prime farmlands, no ditches which they have put many, and we are not going to <br />accept that.,, We begged and begged them not to put the pond from the beginning and the rules <br />state that it even had to have written consent and permission from ALL property owners around <br />us even and they had no rights to do that. <br />The ripping of the rocks have brought them to the surface and they are laving the topsoil on the <br />rocks instead of getting rid of all of them . before they are laying the topsoil. This is a violation. <br />Our prime soils had no rocks and in our normal husbandry practices we. rip our soils sometimes <br />3 0-3 2 inches and now this will not only bring up rocks that were never there beforc but will <br />contaminate our topsoil with this so- called suitable subsoil. This is a violation. Even seeding , <br />
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