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in 1998 and this has been long enough. We have presented several offers to settle and <br />they were all refused. These rules and regulations are written for the Mine not for the <br />landowner, but we followed all the rules and regulations governing surface coal mining <br />and we appealed costing thousands and thousands of dollars doing the STATES JOB <br />AND THE OFFICE OF SURFACE MININGS' JOB! AND IT WAS NOT OUR JOBS TO <br />MAKE SURE THAT THE STATE OR WESTERN FUELS DO THEIR JOBS. <br />This is also a formal complaint to the Office of Surface Mining. The State is not <br />maintaining and enforcing the Rules and Regulations and they are not in compliance <br />with what the rules and regulations state that they must do. The requirements of the <br />Division are not being fulfilled. We are requesting whatever administrative review or <br />hearings, or an informal review and this means communicating with the Landowner. <br />Since the civil suit had begun, which by the way is OVER, DRMS, OSM, and other <br />agencies refused to communicate with us by just simply not replying to numerous calls <br />and numerous letters especially those to the State. We have sent many objections and <br />have many more to send and if this ridiculous revision is not thrown out immediately, <br />then we are requesting an informal hearing to be held here in Nucla, Colorado. We <br />want a neutral place and a convenient time that all these ranchers and farmers can <br />attend and view the property so they can see what WFC is doing to us. This revision is <br />illegal and so much false documentation and these people around here need to know <br />and see what WFC and the State allows. These are private lands that were leased to <br />this Mine and it was very simple, remove our soils, stockpile them, take their coal, and <br />retum our soils as was done on all the properties East of 2700 road. Two lift operation <br />and this would have all been back within 2 years after each piece had been mined. <br />These people need to see that there are no rules or regulations really protecting them <br />and these rules and regulations can be changed on the spur of the moment to wherever <br />suits them. They also need to see the thousands of dollars that we have spent because <br />the State nor WFC will do their jobs and maintain these rules. The Board ORDERED <br />that these things be done and the State nor WFC will carry out these proper procedures <br />to make sure that they are clone. Westem Fuels never received any type of punishment <br />for stealing 196,000 cubic yards of our topsoil, they never got punished for not <br />segregating our soils, they never got punished for contamination, they never got <br />punished for the lies that they put together for Mr -51 and Mr -57, they never got <br />punished for not doing a prime farmland investigation, they never got punished for the <br />lies they told on Dean Stindt or Jim Irvine, they never got punished for insubordination, <br />or anything, which the State had full authority to do something and this was all under <br />their jurisdiction at the time. When I called Dan Mathews and told him they are stealing <br />our soils. He said they can't be and I said they were, I was on the phone constantly with <br />this man and Mike Boulay but not one person came here to check that out and this was <br />in the Fall of 2007 and they didn't even address this matter until February of 2008. Mr. <br />Berry promised us, on tape, that he would try and fix this and I think he made a lot <br />progress and now all that progress just went down the tubes with the twin to the first Pr- <br />06. He promised on tape that this type of thing WOULD NEVER NEVER HAPPEN <br />AGAIN, AND HERE IT IS! Breaking every rule and regulation there is and trying to find <br />an illegal way around documenting our property as non- primefarmland with this so- <br />called re- mapping procedure that is totally against the rules and regulations and the <br />ACT. He States in hind sight these damages have been done and if he knew then what <br />46 1 Page <br />JoEllen Turner <br />970 - 864 -7682 p.3 <br />