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SSLER <br />W <br />IRM, T yo <br />State of Colorado <br />Division of Reclamation, <br />Mining and Safety <br />1313 Sherman Street, Suite 215 <br />Denver, Colorado 80203 <br />Dear Madam or Sir: <br />2829 NORTH AVENUE, SUITE 205 (81501) <br />POST OFFICE BOX 40386 <br />GRAND JUNCTION, COLORADO 81504 <br />February 26, 2013 <br />Re: Terror Creek, LLC <br />Terror Creek Loadout Facility <br />Mining Permit C- 1983 -059 <br />Objections to and Comments Upon Application for Permit Renewal (RN -6) <br />1. The following comments and objections to the Permit Renewal Application <br />(RN -6) are submitted pursuant to Regulation § 2.07.3(5) on behalf of the Margie E. Nelson <br />Trust, Connie Hutto, Trustee, 120 NW Fir, Cedaredge, Colorado 81413 ( "Trust" herein), c/o <br />Alan N. Hassler, Esq., The Hassler Law Firm, P.C., Post Office Box 40386, Grand Junction, <br />Colorado 81504, Telephone: (970) 243 -2952. <br />2. The interest asserted is that the Trust is owner of the land immediately to the west <br />of the Terror Creek Loadout Facility ( "Loadout Facility" herein). The Trust owns an easement <br />on the haul road to access its land adjacent to the coal Loadout Facility. The interest impacted by <br />renewal of the Permit is the Trust's access and use of its easement. <br />3. Objection to Notice. The public notice published in The Delta County <br />Independent does not meet the legal requirements for publication. Regulation § 2.07.3(2) <br />requires the notice be published "at least one time per week for four consecutive weeks." The <br />publication requirement of Regulation § 2.07.3(2) is imposed upon the permit renewal process by <br />Section 2.08.5(2)(c). Under C.R.S. § 24- 70- 106(2)(d), the requirement of four weeks' <br />publication requires publication over the course of five successive weeks, or five insertions in the <br />newspaper. According to the notice, it was published only four times. <br />4. Without waiving its objection to the notice, the Trust requests an informal <br />conference under Regulation § 2.07.3(6). The Trust desires to have the conference conducted in <br />the locality of the proposed mining operations. <br />TELEPHONE (970) 243 -2952 <br />TELECOPIER (970) 243 -2990 <br />ALAN N. HASSLER, ATTORNEY AT LAW <br />4.10 ":\ . <br />�� 0 `L � <br />THEF[ASSLER <br />L <br />IRM, PC <br />