2010-08-09_REVISION - C1981008 (3)

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o C L? ? l-dig Western Fuels-Colorado P.O. Box 628 Q- . to Nucla, Colorado 81424 August 9, 2010 Re: Reclamation of Morgan Property Dear Lance Wade, Duane Richards, and all concerned parties: We would like to cl.ari.fy some of the disputed issues and the items that have been left unresolved. These things have been told to Marcia, Sandy, Dan, and WF'C and have been overlooked or not heard. Mr. Morgans mouse use to be in the NHl area adjacent to the Ma Garveys place, This area was beautiful alfalfa fields and pastures and. as a result of Peabody surface coal mining, it was restored to rocks, dirt, dryland, and very little vegetation other that sagebrush and some native grasses. It is and has been an eye sore for all the Nucla people and none of us could believe that this beautiful land could be put back so ugly and devastated most of us. Even you, Lance and Ross, can you even imagine beautiful alfalfa fields and pastures being there? No,1 bet not. Then they moved Mr. Morgans house to where it is now. Frank Morgan leased San Miguel Power Property that you have mined, before Michael was even in, high school. He provided all of the water for that property. When WFC took over the leases of Peabody and acquired more leases which was the San Miguel Power property, it had been harvested and in pasture lands through 1987 and then cropped into the 1990's until Mr. Morgan was told to dry it up and he would have to leave it because WFC was going to mine it. This was and still is cropland.. Numerous acreages of beautiful farmland had been destroyed by surface coal mining in this area. Most of this was done prior to the laws signed by President Carter in 1977 enforcing rules and regulations to govern surface coal mining and protect the landowner, and their rights. With the Federal and State Government overseeing all of the mining industry and watching WFC do the raining East of 2700 road, Mr. Morgan felt it was quite safe to enter a lease with WFC, the operator, in 1998 allowing them to mine the coal off his prime farmland. Cropland that was consistently irrigated. All irrigation was in place by the Morgans and according to a statement made by the USDA, the Morgans fields were irrigated very efficiently. The Morgans also had the most prime farmland in this area being mined by WFC. Frank, Morgan is still the largest share holder of the CCC Ditch. Colorado Statutes House Bill number 1223 known as the Colorado Surface Coal Mining Reclamation Act was signed into law on. August 3,1977 by President Carter. The Surface Mining Control and Reclamation Act of 1977 is the Primary Federal Law. Even though, within the Acts are rules and regulations governing mining, they were incorporated into the Colorado Statutes and therefore are laws which every state that has a regulatory program are expected to take the lead in the regulation and the Federal government oversees their efforts. The State, such as Colorado, must demonstrate that they have a law at least as strict as the Federal government. Article 33 guarantees the protections of the landowner to the fullest extent of the law and the land owners rights. It also guarantees that the land will be restored as good as or better than it was. RECEIVED AUG 09 2010 Division Ui Reclamation, Mining and Safety