2013-03-05_REVISION - C1983059 ‎(2)‎

• Permit No: C1983059
• IBM Index Class Name: Revision
• Doc Date: 3/5/2013
• Doc Name: Landowner Objection Letter
• From: DRMS
• To: Jim Kiger
• Type & Sequence: RN6
• Email Name: JRS
• Email Name: DIH
• Media Type: D
• Archive: No

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