2011-01-24_ENFORCEMENT - C1981008 (2)

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determination must be requested by the Operator in writing prior to the application and prior to a permit approval and this can only be accomplished by a prime farmland investigation and must be proven beyond a doubt. This is not guess work or a maybe. This must be done and no operation can be conducted on prime fsrinlands until all of these rules and regulations are followed prior to the mine entering our property. A prime farmland investigation was NEVER conducted and this is documented in PR -06 as well as by the Drvrsron rtse . Tor 15 years, no prime farmland investigation had been done. No major changes can be done to a landowners property without written consent from the landowner. Even if they had not documented it as being prime farmland, we were added to the permit in 1999 and that permit as well as the permit of 2002 state specifically that it will be a two lift operation as the rules and regulations state for ALL properties and that within this two lift operation, ALL soils will be salvaged. They mislead everyone and gave them false information ands the Board, and the State helped and`none of them have read the permit that we were made a part of and none of them have read all of the rules and regulations. This is wron and I am filing a violation and here today Januay 4, 2011, th Xare again wor�.a prime soils and we have snow over a foot deep. This is wron ! 4.6%-a " -D -t_jc�' le- Pokra. Barx soils were determined as being prime farmland soils if irrigated as early as 1973 by NRCS and by the USDA as early as 1960 which our property was historically irrigated and cropped since that time, 59. years.. Now an Order was issued by the Board at the formal hearing of November 17, 2010, approving PR -06 as it was written. We are again objecting to PR -06 and it's contents which contain numerous false documentations and numerous errors violating the rules and regulations governing prime farmlands, our property. One of the very first things to remember is that the State documented and the BoarcEapproved the fact that Western Fuels had the right to steal our soils based on the approved permit that they were operating undi�r] If you will read that permit . which and when we were first added to the permit, it was a two lift operation and documented in the next permit which we were a part of, it also was a two lift operation and within both permits it specifically states that all topsoil will be salvaged in a two lift operation. So, again they not only violated the rules and regulations governing them, the state and the Board do not have the correct facts and Western Fules were actually stealing our soils and in fact, this was not permittted or approved in either permit that our property was a part of This is approximately a 2300 page document that bas adversely affected us and is still going to adversely affect us. I was told by OSM that until a decision was made on PR-06 that I could not file a complaint concerning it. ,A, decision was made and I am now Contained within the Order is the findings that a prime farmland investigation was done in 1992 and in 1996 stating that the Barx soils were not prime soils. This is very untrue. first off in the original permit, Western Fuels was instructed by the State to reincorporate all of the Peabody data into their permits of NH2 and all hydrology and all research and soil surveys, etc., to be reincorporated into the New Horizon 2 permits. In these studies, Tony .Waldron and Harry Ranney stated specifically to reincorporate prince farmland and prime farmland soils into their permits and that Barx soils were prime soils and if irrigated, they were prime farmlands. PR -06 revisited, re- entered, and re- opened past permits. They documented information