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1C.- V0 <br /> <br />RETURN RECEIPT REQUESTED <br />RECEIVED <br />January 15, 2010 <br />Western Fuels-Colorado Mr. and Mrs. Frank Morgan <br />P.O. Box 628 P.O. Box 4 <br />Nucla, Colorado 81424 Nucla, CO 81424 <br />Telephone 970/864-2165 <br />Fax 970/864-2168 RE: Reclamation of Morgan Property <br />JAN 19 2010 <br />Division of Declamation, <br />Mining and Safety <br />Mike Morgan and JoEllen Turner <br />P.O. Box 346 <br />Nucla, CO 81424 <br />Mr. and Mrs. Frank Morgan, Mike Morgan and JoEllen Turner: <br />Western Fuels-Colorado, LLC (WFC) is offering this proposal to settle the dispute <br />between Mr. & Mrs. Frank Morgan and WFC regarding the manner in which the Post <br />Mine Reclamation and revegetation of the Morgan's land will be carried out. The <br />enclosed aerial photography taken in the fall of 1998 shows what portions of the <br />Morgan leased property were under irrigation at the time the lease was signed. This <br />clearly shows that approximately 21 acres was in alfalfa and, at most, another 25 acres <br />was being irrigated to some extent. Also enclosed is an unsigned, undated letter <br />presumably from JoEllen Turner received by the Colorado Division of Reclamation, <br />Mining and Safety on December 14, 2009. Those being noted, WFC offers the <br />following: <br />WFC will: <br />Furnish whatever documentation is required by the Colorado Division of <br />Reclamation, Mining & Safety to convert all (as near as practical) of the <br />disturbed land (111.7 acres more or less) lying within the Mine Permit <br />Boundaries to Irrigated Alfalfa Crop land. The only exception would be <br />whatever surface area that falls within the Montrose County BB Road right of <br />way. <br />2. Furnish or pay for all soil preparation, seed bed preparation and planting of the <br />approved crop mixture (alfalfa), within the permit boundaries (111.7 acres <br />more or less), which will include <br />A. Discing of the soil <br />B. Rock picking of the soil <br />C. Land planing of the fields <br />D. Marking of the fields for possible flood irrigation