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2010-07-29_REVISION - C1981008
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2010-07-29_REVISION - C1981008
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Last modified
8/24/2016 4:17:00 PM
Creation date
7/29/2010 12:54:02 PM
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
REVISION
Doc Date
7/29/2010
Doc Name
Response to Adequacy Review No. 3 (Response to Morgan Property Issues)
From
Western Fuels Colorado
To
DRMS
Type & Sequence
PR6
Email Name
SB1
MLT
Media Type
D
Archive
No
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"The acreage of irrigated cropland in the pre-mine category could be different <br />that in the post mine category since water availability could change as in the <br />case with the Morgan fields in the SW corner of the permit." This is ALL <br />BULLSHIT!!! They better quit doing this and if the STATE don't put a stop to <br />this, then I am going to just go ahead and go to court and add more charges. <br />All of our property was in irrigated cropland as it stated even in the lease and <br />it was all prime farmland and as documented by every rancher in this area <br />that One share will do 2 acres and Jim Boyd from NRCS said ask the farmer. <br />He can give you data and a starting point, but only the farmer knows for <br />sure what he used to irrigate with. It was UP TO WFC TO LEASE <br />WHATEVER AMOUNT OF WATER NECESSARY BEFORE THEY ENTERED <br />THE PROPERTY. THAT IS THE LAW. AND IF IT WASN'T ENOUGH THEY <br />NEEDED TO LEASE MORE OR PROVIDE OTHER SOURCES BU'T THIS <br />ALSO HAD TO BE DONE BEFORE THEY BEGAN MINING. THEY CAN'T <br />CHANGE OUR CROPLAND DESIGNATION JUST BECAUSE THEY DON'T <br />THINK WE PROVIDED THEM WITH ENOUGH WATER IT WAS ALL IN <br />CROPLAND PRIOR TO MINING! Mr. Morgan has historically irrigated and <br />cropped that piece that is being mined for 50 years with 50 shares of water <br />and that alone should be documentation enough. <br />Ross Gubka said side rolls arc mom efficient. If that is true, how come they <br />want 60 shares to do what we ALWAYS did with 50 shares??? <br />WFC Response: <br />WFC incorporates its response to Comment No. 6, above. The designation of <br />Irrigated Cropland responds to a need to tailor the legal terms to the particular <br />circumstances of this mining operation, consistent with the DRMS regulatory <br />program in Colorado that implements the applicable federal requirements, and <br />has not been objected to by the Morgan family outside of this Comment, most <br />likely because it results in a higher and better quality of reclamation for the <br />Morgan Property. WFC has reached agreement with the Morgan family <br />regarding the ultimate reclamation and amount of water to be used on their land, <br />in light of which it is difficult to determine the relevance of the portions of this <br />Comment that relate to either issue. See, Attachments 2 and 3 hereto. WFC will <br />not respond to the personal attacks, profanity and inflammatory statements <br />contained in this Comment, and will only respond to the threats of legal action in <br />an appropriate forum. <br />Comment No. 22: <br />Page 2.04.9-19 "The original permit area contains an area of D70B soil <br />which is prime farmland soil. " Right here in 1992 is proof that they already <br />knew Barx was a prime farmland soil. "He concluded that there was not <br />adequate supply of water nor was it historically managed to a high degree to <br />be considered prime farmland!" This is all a lie. Read the attached letter. He
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