2010-10-08_ENFORCEMENT - C1981008 (2)

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FFRROI`'. : SAN M I GUEL BASIN FORUM NP-J-1 Mr. Allen L). Klein FAY. NO. : 970 864 7856 Oct. 06 2010 03:44PM P1 1)irector, Western Region Office of Surface Mining 1999 Broadway Suite 3320 Denver, Colorado $0202-3050 October 6, 2010 ?a Dear Mr. Klein: We are again filing a Citizens Complaint. This complaint will be very concise because we don't want to overwhelm you. We do plan on following with another Citizens .:complaint which will be very detailed violating all rules and regulations of the permit. the .:applications of the permit and the Division of Reclamation, Mining, and Safety not following through the entire process to protect the landowner and the landowner rights. This complaint is fairly simple. The landowners, the Morgans, are to receive a scheduled royalty payment every year on September 10. The landowners did not and have not received their royalty payment. As far as we are concerned, the lease agreement is null and void and they have forfeited their rights. That is 5 times that Western Fuels has been sent a default letter and the defaults for the most part have not been corrected. A default letter was seat this time as well. We called their Attorney, Chris Kamper, and Mrs. Morgan as well as Michael Morgan spoke with Mr. Kamper. Mr. Kamper told Mrs. Morgan that there would be no royalty payments unless we all would drop all of our objections and complaints and not file no more. If we did not want to do that, there would be No Royalty Payments. We received mall from Mr. Kampen on the 4" of October. Mr. Kamper said that they had permission from the State to start mining the Morgan property and that all of the irrigation had to cease immediately and we were to get off the property and that they were allowing no more farming of this Prime Farmland. Michael told Mr_ Kamper that no royalty payments had been paid and Mr. Kamper said, too bad. Drop your objections and your complaints. I then took the phone and told them that the Federal and State Rules and Regulations allow us to file objections and he said that he was not going to argue to get off, the property and they were going to resume mining right away, so shut our water off and quit irrigating. We tried to explain that we always irrigate and that we were not through with that piece of property. He said that the State has given ;fit Yri a full go ahead. The State has not responded to any faxes, calls, or letters or additions to the adequacy statements that we have been filing since the lawsuit. All communications have ceased. We have tried the Attorney Generals Office at no avail. We begged Mr. Berry for months and months and months to come and speak with us and most all of this could have been resolved. But, as you well know, he would never come and talk with us, even though, he promised. The permitting process was designed to help protect the landowner and the landowners rights.