2009-12-14_REVISION - C1981008 (2)

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?, g, oog RECEIVED Division of Reclamation, Mining, and Safety 1313 Sherman Street Room 215 DEC 1 4 2009 Denver, Colorado 80203 Division of Reclamation, Mining and Safety Dear Sandy, Marcia, and Dan: After many hours of research and the governors office, the senators office, and attorneys offices, and talking with other mine operations, this is what I have found and was told. The Division of Reclamation, Mines, and Safety is a regulatory agency that is designed to primarily make sure that the mining industry is doing their job. Plain English, your job is to make sure WFC does their job. DRMS rules and regulations: Page 348 Section 4.15.11: All areas affected by surface coal mining operations shall be restored in a TIMELY manner. Remember our topsoil for prime farmland has been sitting idle for 10 years already. They must be restored to (1) CONDITIONS THAT ARE CAPABLE OF SUPPORTING THE USES WHICH THEY WERE CAPABLE OF SUPPORTING BEFORE ANY MINING (2) TO A HIGHER OR BETTER USES ACHIEVABLE, I REPEAT HIGHER OR BETTER USES. This is one of your laws. This law in itself will allow for even the property EAST of 27 road to be put back the way it was or better. This does not allow for WFC to take any lands that were already in irrigated pastures, hayland, or any grazing land and make it into DRYLAND. They must put it back as good as or better than it was, not worse. It is not based on water at all. They have taken the water portion completely out of context as to what it really says and I will quote: Page 349 SECTION 4.16.2: Proposals to change premising land uses of range, fish and wildlife habitat, forest land, hayland, or pasture to a postmining CROPLAND would require continuous maintenance such as seeding, plowing, cultivation, fertilization, or similar practices to be practicable or to comply with applicable Federal, State, and local laws, shall be reviewed by the Division to ensure that (a) there is sufficient water available and committed to maintain crop production and top soil quality and depth are sufficient to support the proposed use. Now All of this has been taken out of context, not only by WFC but also by the DRMS. If we were trying to CHANGE premine use of the property, then DRMS must take in consideration the water and the soil, BUT WE ARE NOT TRYING TO CHANGE THE USE OF THE LAND AFTER IT WAS MINED. ALL OF THESE LANDS THAT WFC IS TRYING TO PUT INTO DRYLAND WAS ALREADY AND I REPEAT ALREADY IN GRAZING, HAYLANDS, IRRIGATED PASTURES OR IN CROPLAND!!!!!!!!! THEY MUST BE PUT BACK INTO THE CONDITION OR BETTER THAN BEFORE THEY WERE MINED... If the property was in dryland before they mined it, yes , WFC can put it back into dryland. If it was in irrigated pasture, haylands, or grazing lands, it must be put back like it was whether WFC thinks there is enough water or not. If WFC leased or bought a piece of property and they also got the shares of water that went with that piece of property and that water sustained that piece of property before they mined it, it has to be put back the way it was and the farmer does not have to