2011-01-24_ENFORCEMENT - C1981008 (2)

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are also a cask crop only and have not had livestock since 1987 and production is our business. By approving PR -06, they violated our fertilizing. We have always fertilized every year and in PR-06, they want to only fertilize the 3', 5', and 7' years and we are not going to accept that. The laws, rules, regulations, and the act state that the property must be restored to as good as or, better to a higher standard. It states that the property must be put back to what it was capable of producing prior ro mining to higher yields. The Board has violated their very own, rules and regulations by approving PR -06. None of this can be accomplished with PR -06. We should not have to accept the adverse consequences of their permitting.. Pr -06 should have never been approved and even today it is violating rules and regulations. In Pr-06 they allowed Western Fuels to remove 12 shares of water out of the permit and then ermit that piece' of property as DRYL.A_NLl stating that there was no water available_ Even in the rules and regulations, event 'if WC is the landowner, in or er to get a variance to allow them to do a land change, the land change must be to a better good and for a better use. This should have never been permitted. The Johnson,property was_ -sold -to ,WFC; but it had alluvials as well as being historically irrigated and cropped. It produced over 300 ton of hay prior to the take over by the mine. It was also promised to the landowner that it would be put back as good as or better than it was. They mined right through the alluvials, right through the prime farmland and then requested the state to allow them to remove 12 shares of water completely out of the permit and change it to dryland. In Pi -06, WFC documented that there was no furrows, no method of irrigation, and we had 1000's of feet of gated pipe and it was irrigated every year and wass one of the better farms around here. They ruined it and that is not what these laws, rules and regulations were made for. Again, they are failing to implement, enforce, and maintain the regulatory program that was given to them Again we are adversely affepted because PR -06 is allowing WFC to take all of the farms around us that have always been irrigated and turning half of them into dryland. This is not right and should not be allowed and the State is helping them do it. By the Board not knowing what is in the contents of PR-06, they are allowing them to violate many of the rules and regulations. The Rules and regulations and the Act states that a permit cannot be approved if any of these Hiles and regulations are not followed then they are in non - compliance and the revision or permit will not be approved, yet it was, how can that be? If all of this is allowed, why even have the permitting process if they can do anything they want anyway? We cannot irrigate with a siideroll because we cannot grow com under a side roll and furrow irrigating can never be done again the way they put back the land and all of the sinnk holes and the ups and downs. All of this is a violation fo 4.25. Also, the Board approved their terminology of "flood irrigating and we have not flood irrigated for 39 years and we are not going backwards in labor intensive methods just because they approved Pr -06. We want them shut down. They cannot keep ruining our farm. Mr. Morgan is old, blind ,cannot see ,read, nor write and we have leased this place long before the mine was here and Mr. Or Mrs Morgan has never worked a job off of this place and have farmed it for 59 years and the Boards does not have the right to violate their own rules and regulations. On ground violations. Prior to the mine mining our property, it was always a two lift operation. They stole our soils from the Morgan property and put on Bud Bensons. They took over 190,000 tons of prince Barx soils. The Board approved in Pr -06 that the so- called suitable subsoil was