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2010-11-04_REVISION - C1981008 (5)
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2010-11-04_REVISION - C1981008 (5)
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Last modified
8/24/2016 4:26:32 PM
Creation date
11/8/2010 11:35:33 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
REVISION
Doc Date
11/4/2010
Doc Name
Objections to PR6 Request Formal Hearing Altogether
From
JoEllen Turner & Michael Morgan and Other Parties
To
DRMS
Type & Sequence
PR6
Email Name
SB1
MLT
DAB
Media Type
D
Archive
No
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It continued on for three days and three nights and finally Western Fuels stopped. We continued <br />with communication with Dan Mathews, but the Division, never came to Nucla to make Western <br />Fuels return the soils. In fact, it was months, and months, and months later before anything was <br />done. In February of the following year, the Division was having a meeting in Grand .function. <br />We called sometimes 5 times a day begging Mike Boulay, Dan Mathews, Sandy Brown, Marcia <br />Talvitie to be allowed to attend this meeting. We called up Ross Gubka and begged him. to allow <br />us at the meeting. We called again and again begging all of the )division again to allow us at this <br />meeting. They refitsed. They told us NO? 'I tey told us that no decisions would be made at this <br />meeting. They told us that this was just a discussion and that nothing would be decided without <br />involving us. This was all untrue. Many critical decisions were made at this meeting that should <br />have involved us. Mike Boulay instructed Western Fuels to get a permit revision out as quickly <br />as possible addressing soil salvage plans, redistribution, and reclamation. At this point, we felt <br />that the mine should have been shut down. until all of these plans were in. place and approved as <br />per the Colorado Rules and Regulations governing prime farmland. Instead, they did a Technical <br />revision number 57 that we were unaware of at this time and also that is against the rules and. <br />regulations and the Federal rules and regulations which a technical revision can only be used fnr <br />MINOR changes as described in the objection enclosed. Over a year and half later, Mr. And <br />Mrs. Morgan, returned from the hospital in Grand Junction after surgery and we went to the store <br />on Thursday and got the paper. Here was the approval for TR-57. We, called Marcia and told her <br />that this was the first time that we had ever heard of a TR-57 and that we had just got home from <br />the hospital and could we get a 10 day extension to have time to review this almost 300 page <br />document that was directly related to the Morgan property. She said NO. Now, this TR-57, she <br />had given Ross Gubka extension after extension, after extension, for over a year and a half and <br />she would not allow us the oppox xp ty for an extension. So, we faxed a letter objecting to TR- <br />57. She called us back and refused the objection stating that it was not Specific enough. We told <br />her that we hadn't even seen it, how could we be specific. She began hxin.g us a few pages and <br />Vm wrote down a few specifics that she said bad to be to her by noon the next day and a hard <br />copy sent there after that had to be in Denver on Monday. We again asked for an extension when <br />we received it because of the length of the document. She said we could ask Western Fuels to <br />request an extension and then they would grant one. So, we did. When we reviewed TR-57 with <br />Ross Gubka at the Morgans table, we went page by page and told Ross all of the things that we <br />objected to. Bench One Material, soil depths, soil salvaging, ripping, etc, Ross wrote those down <br />and said that he would change all of that. He stated that this was the building blocks and that this <br />revision had to be accepted by us or they were done. Attached. to TR-57 was a letter from <br />Western Fuels guaranteeing that all of our property would be returned to Prime Farmland as it <br />was and that all of it would be irrigated. I asked about all of the soils that had been taken from <br />us. Without TR-57, he said that PR-05 could not be approved so we had to withdraw our <br />objections, but that he would provide a permit revision that would cover all of our prime <br />farmland within the next 30-45 days if we would allow this to happen. I asked Marcia if a <br />technical revision could be used for that, she said yes. I asked her if she would guarantee that we <br />would receive this revision within 3045 days, she said yes that she would make sure they had. <br />one to us. I called Marcia every week when the 30 days was up and she said they would have it <br />to us shortly- This was 2 years later and this is the revision. Permit Revision #6. When they sir <br />that they made this Prime farmland determination in Febnimy and guaranteed us in writing that <br />they would be returned to us as good as or better than it was, then they slammmed us with putting
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