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W :.. <br /> <br /> <br />PROTEST OF MINE RECLAMATION CHANGE <br />December 27, 2007 (RECEIVED <br />Dan Mathews . i A n? 0 3 2008 <br />Division of Reclamation, Mining and Safety <br />?. _ .. _.amation, <br />1313 Sherman St., Room 215 4 ,? 4 0 ?;afety <br />Denver CO 80203 <br />Dan, <br />Per my phone conversation with you 12/22/07, I am writing this letter to protest the <br />request by New Horizon Mine for a TR 55 on 80 acres of land which belong to us. <br />It has been brought to our attention that the New Horizon Mine in Nucla Co has <br />applied for a revision to their mine land reclamation permit known as TR 55 to <br />change irrigated land to dry land. They claim they do not have enough water to <br />continue irrigating as they mine westward. <br />Prior to the mine leasing our land, we irrigated all of our land with the 44 shares of <br />Colorado Cooperative Co. water which we leased to the mine when we signed the <br />contract to allow them to mine our coal. Throughout the years, we raised a rotation <br />of oats, corn, hay, barley, and wheat. Approximately, every six years or so, we <br />plowed under the alfalfa hay and planted a row crop or grain for several years <br />before going back to alfalfa. This rotation worked well. <br />For the past 10 years or so, New Horizon has used our water to irrigate the <br />reclaimed land (not by any means all of which belonged to us) as they mined <br />westward. When they finished mining the first portion of our land, it was <br />reclaimed and put into production as hay fields. We are happy with that. It is <br />precisely what we agreed to when we signed the contract. <br />Now it is time for our 80 acres lying west of the county road to be planted and put <br />into production, but under TR 55, New Horizon is asking that this previously <br />productive, irrigated land be declared dry land. This is not right for several <br />reasons: