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970 - 864 -7682 p.1 <br />11 1 Page <br />JoEllen Turner <br />RECEIVED <br />JAN 232013 <br />Division of Reclamation, <br />Mining & Safety <br />ground information as this was illegal.. Written by Mr. Kamper. All of this proof will be <br />submitted with pictures in hard form. <br />Mr. Lewicki keeps stating "AMENDMENT' area. Please show me this terminology in the <br />rules and regulations and explain to us what an Amendment area is comprised of. <br />Please indicate to me and show me a copy of the ACT or of the rules and regulations <br />that allow for "RE- MAPPING" or better yet, "IMPROVED RE- MAPPING" of prime <br />farmland for which the soil scientist were NEVER HERE to test the original soils, for <br />which we objected to but allowed for only DATA gathering purposes as what we were <br />told and WRITTEN to and please show me in the rules and regulations where a prime <br />farmland determination can be made 10 YEARS after the beginning of mining and <br />please show me where the Rules and Regulations allows for an independent soil <br />scientist to change an NRCS prime farmland determination. I would like a copy of all of <br />these rules and regulations and the portion of the Act which allows that as soon as <br />possible. I am again requesting an informal hearing to be held here in Nucla, Colorado <br />so these farmers can understand what has happened and what WFC is trying to do. <br />They have been told continuously that we are trying to shut the mine down instead of <br />the truth which we want our property put back as good as or better than it was to the <br />prime farmland status that we had prior to mining. We should not be PUNISHED for the <br />failure of WFC doing their job and if the rules and regulations are not being enforced as <br />they READ, then these large farms and ranchers around here need to know. As you are <br />very well aware of, WFC MINES private grounds because they don't want to deal with <br />the laws governing federal lands and BLM and WITHOUT these FARMERS, there <br />would be NO coal mine. Mr. Morgan leased his property to WFC to HELP this <br />community and to allow for all people of this community to enjoy cheaper energy which <br />coal provides as MR. Morgan Testified to over and over. At the time he leased his <br />property, he had approximately $900,000 dollars in bank which was also presented in <br />discovery to the court and MONEY was not the reason for the lease. This was the BEST <br />part of our property of which was the easiest to mine. We are GUARANTEED by the <br />ACT that the landowner and the landowner rights will be PROTECTED to the fullest <br />extent of the law. I am also filing another formal complaint to OSM. This permit revision <br />should have NEVER been allowed. We have not even been heard in court of our appeal <br />to bring PR -06 into compliance with the prime farmland Board Decision that guaranteed <br />our property to be restored to prime farmland. Our soils were Barx 2E soils some very <br />very deep soils. The equipment used by Jim Irvine went down only 72 inches and this <br />was in frozen ground and still was obtainable and requested that this be performed in <br />fozen times is not our faults. Because WFC did not do their jobs and preserve and <br />protect these soils from contamination such as the "PIT WATER" which even WFC <br />documents is not fit for domestic, livestock, irrigation, uses and then USES this "PIT <br />WATER" to even HYDRO -SEED the stockpiles with temporary seedings as well as <br />constant 30 truck loads a day for dust control.. If I have to, I will get written statements <br />from WATER truck drivers as well as Williams which 1 already have, that this pit water <br />was used and approximately 30 trucks per day. These will be people that are not bought <br />and paid for by WFC. <br />If Greg Lewicki and Associates had actually compiled REAL information from the Jim <br />Irvine soil survey, they would have seen for themselves that approximately 150 - 200,000 <br />cubic yards of prime soils were removed from this property as did NRCS and OSM and <br />