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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
Metadata
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Template:
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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make all of the 51 acres that they had stolen our soils from into dryland. Again, violating all <br />rules and regulations governing prime farmlands. All prime farmland had to be returned to <br />cropland which was normally grown prior to mining. Marcia and Ross decided if they would call <br />it Potential Cropland which is Dryland that maybe they could squeeze it by everyone an no one <br />would notice since they used the words potential cropland. Even the director wrote a letter to me <br />after I wrote the Governor and told me that all of the Morgan property that was irrigated would <br />be returned to cropland and that there was to be no dryland on our place. She had not read the <br />permit either which half of our place was dryland and the better half. We .then wrote articles in <br />the paper requesting the help from the community. WFC replied stating that the State did all of <br />this and there was nothing that anyone could do because Mr. Morgan did not have enough, water <br />to irrigate with. Mr. Morgan was and is the largest strockholder and had enough water to flood <br />the entire p lace, in to a lake. He also had historically irrigated and cropped this place for 59 years <br />and we were strictly a cash crop since 1987. <br />(22) We have been done wrong since the very beginning and we should not have to suffer the <br />consequences of WFC or the States action. The State has made numerous comments that WFC <br />was allowed to remove our prime soils based on the current permit. This is another untrue <br />statement. The permit that was current at the time they removed our soils had a two lift operation <br />and a two lift operation is required on all soils no matter whether it is pasture or prime farmland. <br />The rules and regulations state that all topsoil must be salvaged and it must be done in two lift.. <br />(23) Minor revision number 51 and 57 which were not only misleading and was not a part of an <br />existing permit. These minor revisions changed the current permitted two lift operation into a <br />one lift operation on our property. It also was not publicized nor was the landowner informed of <br />these changes to his property. Again, a total violation of all rules and regulations. PR -06 did not <br />a <br />acknowledge that nor did they acknowledge the fact that this was very damaging to our property, <br />irreparable damages .Minor revisions are exactly what they say. They are suppose to be Very <br />minor and not do any changes to a landowners property. <br />(24) They guaranteed us that all of our property would be returned to the prime farmland and <br />cropland all irrigated as it was before mining and gave this to us in writing. This is when they <br />slammed us with PR -06. PR -06 was all false documentation. It stated that none of us had <br />irrigation or irrigation pipe, furrows, siderolls, or anything prior to the mine coming here. This is <br />when we decided to ao to war. This is when I 201al d that all of the documentation that <br />they were Mritmg was false and that this was a deliberate attempt to ruin us and this prOperry. <br />(25) The prettiest place in the whole valley with the most prime soils anywhere, they were trying <br />to turn it into dryland. We fought this for well over a year with the State and with WFC. Rules <br />and Regulations state that NO major changes can be done to a landowners property without <br />written consent and approval of the landowner. They stole our. soils and now they were trying to <br />turn it into dryland. tven a variance to change any lands even with the landowners consent must <br />be for a better use. ° They have taken 12 shares of water out of the. permit and then changed some <br />beautiful farmland into dryland_ According to Federal and State rules and regulations and the <br />Act, they cannot do that. The land must be put back better than it was to a higher use or better <br />use achieved even if they grant a variance_ This property was purchased by WFC and contained <br />
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