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<br />2- San Miguel Basin Forum,'Ibursday, December 17, 2009
<br />In Response
<br />This is a response to the letter
<br />by JoEllen Turner published in the
<br />Foram on December 10, 2009.
<br />Western .Fuels-Colorado, LLC
<br />has been .a respectful member of
<br />Western Fuels Offers Cle:rifiee.tion to Permit.. Revision ision Issue
<br />the community since we began
<br />mitring in 1993. We have received
<br />a number of reclamation awards
<br />from the State of Colorado and
<br />we have been dedicated to restor-
<br />Under
<br />rho
<br />Wire
<br />. IDAG GUM NEIi
<br />Sometime after Adam and Eve
<br />took up residence in the Garden of
<br />Eden, they got neighbors. I'm not
<br />sure if the Bible records the event,
<br />but it had to have happened. As
<br />soon as Ralph and Mabel moved
<br />in, the trouble probably began.
<br />Don't get me wrong. I'm not
<br />against neighbors. Not all of theta,
<br />anyway.
<br />Simply put, neighbors can be
<br />divided into two categories, good
<br />and bad. Most of us have at least
<br />one of each. Good ones are a joy
<br />to have around. They fix their half
<br />of the fence plus keep their horses,
<br />dogs and kids at home. Beyond
<br />that, not much else is necessary for
<br />me to label them a good neighbor.
<br />If they also wave as they drive by,
<br />that's a bonus, but not required.
<br />To snake the not so good cat-
<br />egory, just flip the list over. Kids,
<br />1,r1 C??r-c? f-trac?????rart
<br />-vHBORS
<br />we are all getting tired of seeing
<br />each other every day. If you've
<br />ever been owned by a bunch of
<br />cows, you'll know what 1 mean. It
<br />doesn't matter what or how much
<br />you feed them, they are unhappy.
<br />An unhappy cow only knows one
<br />way to react. They leave.
<br />Our ranch is surrounded by
<br />a few open hay fields, lush road
<br />sides and an occasional well
<br />cared for neighbor's lawn. Pact
<br />of the matter is, when the cows
<br />get out, they are happier than
<br />when at home. Add to this, these
<br />"jail breaks" usually occur when
<br />we are gone. It's a pretty good
<br />system for most of us. The cows
<br />are happy. We are gone with no
<br />idea what's happening at home so
<br />we, too, an happy. That's when
<br />the pesky "too good" neighbors
<br />enter the picture. One across the
<br />-14 own on,nnthino nrM Vnr
<br />ing mined lands to a realistic,
<br />sustainable and stable land use.
<br />Some of the mined lands have
<br />been or will be returned to irri-
<br />gated pasture, irrigated cropland
<br />and dryland pasture. Available
<br />irrigation water that was leased
<br />with each parcel has been utilized
<br />to its fullest, but still satisfies the
<br />regulatory agencies' rules, as well
<br />as the landowners' desires.
<br />As you may be aware, all coal
<br />mining is heavily regulated by The
<br />Colorado Division of Reclamation,
<br />Mitring and Safety (DRMS), Mine
<br />Safety and Health Administration
<br />(MSHA), Environmental
<br />Protection Agency (EPA), U.S.
<br />Army Corps of Engineers and
<br />Colorado Department of Public
<br />Health and Environment to name
<br />a few. Sometimes the wishes and
<br />desires of the landowner and/or
<br />Western Fuels-Colorado are not
<br />granted by these agencies that
<br />oversee the mining and reclama-
<br />tion operations.
<br />It is true that at certain times
<br />in the past, much of the Morgan
<br />property in the mine permit area
<br />was irrigated to some degree. It is
<br />also true that the Morgan land in
<br />question is considered prime farm-
<br />land soils and could be considered
<br />irrigated prime farmland vegeta-
<br />tion/crops if "adequate" water is
<br />available to irrigate it.
<br />Prime farmland does have a
<br />definition given to it by a fed-
<br />eral agency. The State agency has
<br />ask-P us_to., vje.?!...tlle..Iansis%ti t#r
<br />curtent.._und- future_.t,Itiu_?area ?to
<br />Local All Conferen
<br />determine if those lands destgnat- ` owner has proved certain ditch
<br />ed at. irrig4isksl IanZL:acjgg-ram fi14, Fy,water rights to another property.
<br />enough water to
<br />allow irri.,gat n and this water is no longer avail-
<br />and economic-farming.pr4ctics. able, the State will not allow us to
<br />We have spent cote, derable designate irrigated land on the first
<br />time reviewing this anti it is def.C- property. Lloyd's and Treason's
<br />nite that the water provided to are also getting restored irrigated
<br />Western Fuels in the lease with the land based on the available water
<br />Morgans simply does not allow r It should be noted that the State
<br />full irrigation of crop-type vegeta- ? will not allow Western Duels tc
<br />tion "of all :leased Morgan }.and." sparsely irrigate larger tracts of
<br />This is not to say that the land can- land(s) with whatever the allotted
<br />not be fully irrigated in the futrtto, water shares per parcel are.
<br />but the water must be provided in
<br />Another misrepresentation is
<br />the lease to do it, And simply put, T the statement that quotes from the
<br />it is not. %:; r K,i permit revision: "WTC- is not it
<br />We can only irrigate with what the farming business and has no
<br />water is available to us. It is disap= interest in turning the land buck
<br />pointing that these facts are being v it), irrigated post-thine use," This
<br />misrepresented. refers to Western ]Fuels' desire
<br />It should be noted that, in addi- r' ,.. as landowner of one of our fee
<br />-rtion, Western Fuels did :receive a Fowned parcels, not anyone else's
<br />hand written, unsigned "Proposal land.
<br />,.,.For The Morgan Property" stating It should also be rioted that
<br />they (presumably from Mr. Frank WC has worked with another
<br />w Morgan) would give some addi- landowner whose wishes were to
<br />tional shares. GCC'„ water plas transfer all the irrigation water
<br />some assistance with the cost of from a leased parcel to another
<br />axatign/plant 497 Iq Nno + tract of land he owns. In effect.
<br />to finatreor other type ofassis- lie (the landowner) changed the
<br />tnce (labor, materials, supplies, r. land use from irrigated pasture tc
<br />equipment) with the actual farm- dryland pasture.
<br />' ing/irrigat.ion operation throughout Thank you for allowing; us tc
<br />-rthe Reclamation Bonding time- clarify a number of these issues.
<br />frame which could be as short as If anyone has any questions
<br />X10 years or as many years as it for us or would like to discuss this
<br />v takes to achieve the specific veg- further, please call Ross Gubks
<br />°c:) etation success standards. at the mine at $54-7910 or Lance
<br />l As far as other properties are •r . Wade at 964-2265,
<br />. •\poncerned, all properties are being ")-Respectfully,
<br />restored to irrigation based on the cV.R. 'Lance Wade, Mine Manager
<br />water that is available. If a land- -91 New Horizon Mine
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