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m. <br />Mr. David Berry and DBMS <br />This is a citizens complaint. Around the beginning of last week, our spoil was slightly higher <br />than the natural depth on both ends of the pit on the Morgan property. This spoil is the spoil that <br />is our own spoil. The spoil was relatively smooth with the bench one about 20 feet thick. Now, <br />it's up and down. <br />I was watching the mining when Ross Gubka stopped to talk to me. He asked if I cared whether <br />the mine used spoil from Western Fuels property or Mt. Nuda to fill the last pit. The last pit is <br />two pits fiirther West- I told him it did mot matter, that it should be okay with us. <br />The next day, I saw Western Fuels already hauling spoil from their side of the mine to ours, the <br />Morgans. This cut our bench one thickness in half. I called Ross's number to question him and <br />explain that we did not agree to them hauling this spoil now. Ijust got his voice mail. After <br />several attempts, I found out that he was at a funeral. I waited until I saw that he was back, and I <br />tried his number again. They had hauled spoil that day and night and part of the next. I still got <br />no response from Ross, so I called Lance. Lance said that they had done the volume calculations <br />and in order to keep from ' winding up with a bowl on our side that they needed to bring spoil in <br />from their place to keep that from happening. He said that PR-06 states that they only have to <br />replace up to 4 to 6 feet. <br />First off, our bench one material has been documented as being 50 feet thick. And looking at it <br />now, it averages about 30 feet visually.. PR-06 is under appeal at court and we have not even got <br />to talk with ajudge yet. This was one of our objections in PR-06 that we did not agree with. <br />With bench one material of approximately 50 feet thick documented, and 30 feet average <br />visually, why are we only getting 4 to 6 feet if all is being salvaged? <br />The mine continued hauling spoil from their side onto us cutting the Bench one. They took the <br />top layer off of our Beach one and started putting it on top of that spoil. Then they took the next <br />layer of the Bench one that had the rock seam- and put it at the Southern, part of our property at <br />the same level as OUR spoil or even a little, lower. Then they started dumping spoil again from <br />their side on top of OUR spoil lessening our Bench one even greater. <br />They removed our bench one good soil from our property and used it for their side in 2008. We, <br />reported this to David Berry, Marcia, and Sandy. Mr. Berry put a stop to it. This was after the <br />2008 meeting and our soils should have not left our property but did. Now we are getting back <br />nasty spoil and have never had any good bench one material ever brought back to us for what <br />they took. Because of so much spoil being used, our bench one is getting less and less in <br />thickness. Spoil is well above it's natural depth and Bench one isn't even close to it"s natural <br />depth. <br />That went on most of the day and tonight they are back on the rocky bench one of ours. Some of <br />our rocky bench one is going to end up under the spoil. We will have pictures developed on Fri. <br />