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29 1 Page <br />JoEllen Turner <br />970 - 864 -7682 p.19 <br />contacting EACH and EVERY BOARD MEMBER. This is a direct violation of the ACT of <br />the rules and regulations and of a BOARD ORDER. <br />No governmental office of the state, OTHER THAN THE BOARD, NOR ANY OTHER <br />POLITICAL SUBDIVISION OF THE STATE SHALL HAVE THE AUTHORITY TO <br />REQUIRE RECLAMATION OF LANDS AFFECTED BY SURFACE COAL MINING <br />OPOERATIONS. IT WAS A BOARD ORDER, BOARD ORDER, TO RESTORE ALL <br />107.9 ACRES OF THE MORGAN PROPERTY BACK TO PRIME FARMLAND WHICH <br />IT WAS PRIOR TO MINING!!!! Board orders cannot be reversed by a revision just <br />because WFC does not want to comply. <br />The mine needs to show you a LEGAL right of entry to this property. They breached the <br />lease and they had 30 day to cure the problem which they did not do. We may not allow <br />them to ever get this lease again. Part of the application process is that they need to <br />provide a right of entry. The lease has been continuosly breached and we have sent <br />numerous default letters with each violation and this was never corrected. The Judge <br />ruled they breached the lease, so we are obtaining LEGAL rights to enforce this breach. <br />Right now, they have NO legal rights at all. They violated the rules and regulations and <br />also have a judgement to that affect, they also breached the leased and violated the <br />ACT. What more do you people need to put an end to what they have done and are <br />doing to us ? ?? <br />I would like to know the next Board meeting since by law you have to make that <br />available to us and should also be made public and never has. I plan to attend this <br />Board meeting and address these things that WFC and STATE are attempting to do. <br />So, please let me know as soon as possible when the next meeting is and how I get on <br />the Agenda to speak. 1 want at least 45 minutes. <br />The application had to contain prior to mining the uses of the land and the land <br />capabilities and soil survey done prior to mining that support the uses and soil <br />descriptions of the area being MINED prior to mining. So, I would like to know how you <br />explain the rule 34 -33 -111. Pr -07 is a permit revision for AFTER MINING has already <br />been totally completed and since this rule is very specific. <br />Reply Reply to all Forward Divsion of Reclamation, Mining, and Safety <br />1313 Sherman Street Room 215 <br />Denver, Colorado 80203 <br />We all depend on CSU for this area and NRCS every year and Dr. Borch is a professor <br />from CSU and also we had a former NRCS employee and expert included in his rebuttal <br />which was submitted to you. Also the letter from NRCS, our local NRCS Jim Boyd and <br />Dave Dearstyne, all of whom are non biased and not hired guns and also from STEVE <br />PARKS who wrote that ALL of our soils should have been classified as BARX and not <br />as WFC classified them as Darvey. Darvey, however is a PRIME soil in New Mexico <br />and even though Jim Irvine classified them as Darvey, this is still a BARX type soils and <br />still prime farmland. Again, this is all attempt to for WFC not to have to comply to the <br />rules and regulations and not have to do their jobs. We are ALL baffled as to why the <br />STATE would even consider this type of tactic. THE BOARD ORDERED THEM TO <br />RESTORE THE ENTIRE MORGAN PROPERTY BACK TO PRIME FARMLAND, <br />BOARD ORDEREDI I would like a copy of THEIR APPEAL to change any portion of this <br />