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Division of Reclamation, Mines, and Safety <br />1313 Sherman Street Room 215 <br />Denver, Colorado 80203 <br />Dear Sandy Marcia, and Dan <br />t 20 L <br />RECEIVED fy-?e-,T,-.p <br />MAR 0 2010 J <br />Division of resclsmatlon, <br />sand,60MY <br />Since you tried and cut my speech short, I eliminated the first 23 cards of my speech, so I am <br />going to put it in this letter in your own terminology, so that maybe you will understand. I'm a <br />farmer, so all of your rules and regulations that apply to-farming come very easy for me. The <br />biggest thing that ALL of YOU need to remember is that these Federal and State laws apply to <br />EVERYONE. AND it does not matter whether they are reading them in New York or in <br />California, or Washington, The Federal Laws all READ and MEAN the same no matter what <br />part of the country you are in. You can't take the laws and add your own interpretations and little <br />add-ons to them. The LAWS are the LAWS and anyone reading them should be reading the <br />exact same thing. So, please quit adding to them or adding you own interpretations, just keep <br />them simple and to the meaning that they were written for. <br />Yes, Bud Benson is tickled pink because his property now has All of our Prime topsoil on it, so <br />why wouldn't he be happy.? <br />Land Use is not the vegetation cover, but what the land is used for. <br />Land that is used in ANY 5 or more years OUT OF 10 as cropland Prior to the Mine LEASING <br />the property is Historically used as CROPLAND. There is NO water at this time. The land <br />could be plowed up for 5 years with absolutely nothing on it because your laws state that the <br />LAND USE is not the VEGETATION cover, but what the land is USED for. This means that we <br />could have land that is being used for crop land and as long as we have used it for cropland 5 or <br />more years out of 10 years as cropland, prior to the mining leasing it, IT IS HISTORIC USE OF <br />CROPLAND. We could have raised alfalfa for the first 5 years and then plowed everything up <br />and let it sit and it would qualify for the historic use of cropland. This is something none of you <br />understand. There is NO WATER MENTIONED AT THIS TIME. Don't add your own <br />thoughts or add-ons to the laws. IF this property was USED 5 out of 10 years prior to the mine <br />LEASING not entering, LEASING the property, as cropland, it is Historic use as Cropland. <br />Crop land is anything that is grown to be HARVESTED. It can be grasses or legumes which is <br />alfalfa, HAYLANDS, corn etc., that is used to be HARVESTED. Yes, Marcia if it is <br />HAYLAND and it is grown to be harvested, it is cropland. Pasture that is grown is not cropland, <br />but haylands are always harvested in this area because if you do not harvest it, it will fall to the <br />ground and kill what is growing by smothering and you lose your hayland and it becomes <br />pasture, or it kills all that is under where it has fallen over..