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4>u nom. 1 <br />April 15, 2009 ? n Moses, Wittemyer, Harrison, and Woodruff, P.C.o <br />P.O. Box 1440 1 <br />Boulder, Co. 80306-1440 <br />RE: Case No. 09CW37 Western Fuels Colorado LLC 1 <br />To Whom It May Concern: We are strongly objecting to the application that has been filed. Pond <br />Number 011 is the pond located on our property temporarily. This filing has been done all wrong <br />and your facts are ALL wrong. This is also contradictory to what DRMS requires. <br />This pond was our alfalfa field and DRMS required Western Fuels to put a pond to catch all run- <br />off water from leaving the permit area. <br />First off, the water should have been filed on in the landowners name and just added to the lease. <br />Second off, the pond will only be there for the mining period. The mine will be finished mining <br />this property in the next few years and after reclamation, the pond will be put back as an alfalfa <br />field as it was We do not want the pond and never have. Western Fuels is well aware of this fact. <br />Third, This pond has NEVER been used to water livestock and never will be! This pond has <br />NEVER been used for dust control. The water from the pit goes into a tank and is used for dust <br />control and the excess water from the tank goes into the pond which is never used. <br />Fourth and lastly, This pond will be put back into an alfalfa field and will not stay here a day <br />longer than the mine. The mine has the right to mine the coal and the pond is a requirement of <br />DRMS and that is the only reason it is there. <br />We will continue to object to this and our water commissioner is meeting with us tomorrow as he <br />had NO knowledge of this NOR did we and we will not allow this pond to be made absolute. <br />We were never notified in 2003 of this filing and had no knowledge of it. The Pond 011 had not <br />even been built at that time and we were still cutting alfalfa. We were never notified of this <br />before we got this letter. This pond should not be tied in with pond 008. To the best of our <br />knowledge no water has ever been used not even a drop for any reason and we will never allow <br />this pond to be absolute. We do not object to the pond being used temporarily while it has to be <br />here while they are mining the coal out from underneath the property. Right now it is being used <br />to catch the pit water or rain water because of DRMS rules and regulations. Sometimes during <br />the mining process, the mine has pumped out of OTHER ponds for irrigation purposes and dust