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Regulatory Shutdown |
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Doug Adamo, with Codes and Permits in the Huntington W. Va. Office of U.S. Army Corps of Engineers, came to our farm on Oct. 20, 1992 stating that the Corps of Engineers had an “anonymous” report of fill being placed into “their wetland”. I held deed and title to said property and Mifflin Twp. Ashland County, Ohio had approved a property entrance that had been constructed to enter the north end of our property from Mifflin Twp. Rd. 1265. No fill was ever determined to have ever been submitted into a wetland or on our property by Twp, County, State, or Federal authorities. The U.S. Army Corps of Engineers, using laws and Army Corps Regulations contained in 33 CFR governing “Dredge and Fill” operations and regulations under 404 of The Fed Clean Water Act and State of Ohio Regulations under 401 of State of Ohio Clean Water Act, which I had stated to be unreasonable, unfounded, and unlawful, were used to verbally “shut down” the Amos’s on Oct. 20th 1992 and officially by letter from Corp of Engineers dated Nov. 6, 1992. The District Court of Washington D.C. ruled in 1997 and 1998 in a series of rulings involving “dredged and fill” rules by Army Corp of Engineers that these rules were “manifestly” unreasonable and unlawful because they did not have congressional approval. Amos’s business had been “shut down” from Nov. 1992 until summer of 1998 because of these rules and regulations THAT WERE ILLEGAL FROM THEIR INCEPTION. In March 19, 1980 in the beginning of Amos peat business we made sure raw material (mineral depost) with OSU and then in 1991 had authorization to mine peat from mining department of Columbus In compliance with request from Corps of Engrs., a permit was requested and fashioned after an approval permit that had been approved and issued for Scot Hyponex to harvest and bag peat based soils taken at wetland known as Funk Bottoms about 15 mi. east of our property in the western edge of Wayne County. Our permit request was denied. Even though Amos has file on previous shut down of Regulatory Agencies, this article will start with letter of first events of getting political help with the Amos's. This letter was sent to all political persons for plea of help. All letters written to Army Corps and OEPA from calls of interest only answered back in a continual maze of back and forth propaganda. Seemed rules were different for individual businesses. Letter was written before the date that shows as it was updated by request of OFB.
OFB requested that Amos make a formal letter to OFB for help and fill in the latest information of which Amos complied, only to be very detrimental in the future as it was used to claim in court by OFB Atty Doug Mansfield that the Amos's went first to OFB for help. We were not able to defend that in court and prove it was a lie due to no one from OFB being deposed because of Amos financial condition. The court hearings were where OFB fought against Amos filing bankruptcy. OFB said Amos were just frivolous people. The testamony below was given on behalf of Ohio Farm Bureau's attempt to the house state government committee to enhance ohio's property rights legislation
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