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<br />FROM : SAN MIGUEL BASIN FORUM NEWS FAX NO. : 970 864 7856 Oct. 01 2010 03:01PM P1 <br />.t., 0 AQ? <br />Mr. David A. Berry <br />Office of mine Reclamation <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />October 1, 2010 <br />, Jzc? l(? <br />-3o `5 3 O? <br />30 -?-, 3? -?) - <br />(?Mr. ooa?? ) <br />Dear Mr. Berry: <br />This is in regards to the latest adequacy review that we were given on September 28, 2010. <br />We are objecting to PR 06 and it's contents. We are requesting a formal hearing in Denver <br />before the approval of PR-06. This adequacy report was terrible. Now the State is allowing in <br />addition to the numerous pages that aren't even a part of a permit revision, but allowing Western <br />Fuels to submit civil law suits, individual lease agreements, and numerous statements that aren't <br />related to a permit revision whatsoever. <br />If the State is going to continue to allow leases, then we want everyones lease agreement <br />submitted. We also would like a copy of Mel Staats lawsuit where Western Fuels removed his <br />prime top soil and hauled it to the Tri-State Power Plant and used it as fill dirt. The-,STOLF, the <br />soil from the adjacent property to give back to Mel. If all of our personal agendas are going to be <br />permitted as documentation, we want all that are mentioned in PR-06 to be included. <br />The State is allowing an Engineer firm to give their interpretations of what our lease agreement <br />says and left out all the major details. LAND OWNER CONSENT, OBLIGATIONS, RULES <br />AND REGULATIONS, NEGLIGENCE, NEGLIGENT MISCONDUCT, just to name a few. <br />Also, .PRIME FARMLAND RULES AND REGULATIONS, PROTECTION OF THE <br />LANDOWNER AND HIS PROPERTY, IRREPARABLE DAMAGES TO THE <br />ENVIRONMENT, KNOWINGLY AND WILLINGLY. Submitting documentation that is not <br />accurate as well as omitting information that is critical. <br />We are going to proceed forward with whatever we have to legally do until we have some type of <br />settlement offered to us. Royalty payments have ceased and Western Fuels is still mining and <br />blasting and everything on the Morgan Property. <br />No one understands, you cannot steal that much topsoil and prime soils from a landowner and <br />expect that landowner to supply the State and the Mine with more of their own soils to replace <br />what has been stolen from them. We are not going to permit this. Our soils, as has been <br />incorrectly documeuted, was in some places.72 inches deep, Barx/Darvey soils. They cannot be <br />duplicated nor the amount stolen from us cannot be replaced with what we had except by using <br />our very awn soils, soils that belong to us. Western Fuels does not have the Mineral rights to any <br />of those soils. The damages or loss that are mentioned are Worn. NORMAL mining practices, not