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2013-03-08_REVISION - C1981008 (2)
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2013-03-08_REVISION - C1981008 (2)
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Last modified
8/24/2016 5:14:42 PM
Creation date
3/8/2013 1:55:55 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
REVISION
Doc Date
3/8/2013
Doc Name
McAnany Objection
From
Dufford Waldeck
To
DRMS
Type & Sequence
PR7
Email Name
DAB
SB1
MLT
Media Type
D
Archive
No
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Colorado Division of Reclamation, Mining & Safety <br />March 7, 2013 <br />Page 2 <br />acres, but excluding approximately twenty five (25) acres of said lands which are south of the <br />Colorado Cooperative Ditch (the "Morgan Property "). <br />The Morgan Property is leased to WFC pursuant to a Coal Mining Lease of September 10, 1998, <br />and constitutes the basis for entry by WFC. The published permit revision application <br />encompasses the Morgan Property. Michael Morgan and JoEllen Turner live on lands <br />immediately adjacent to the WFC permit area and farm the Morgan Property (including the lands <br />identified in PR7) within the WFC permit area pursuant to a farm lease with Frank and Mary <br />Lou Morgan. As such, the Morgans are persons with an interest which will be adversely affected <br />by the contemplated permit renewal. <br />2. THE OBJECTION IS TIMELY. <br />The public notice in the San Miguel Basin Forum pertaining to the renewal application, <br />Exhibit 1 attached, states that publication was completed as of February 7, 2013. Per Rule <br />2.07.3(5) the instant objection is timely filed within 30 days of the last publication. Please note <br />also that JoEllen Turner, Michael Morgan, Frank Morgan, Mary Lou Morgan have tendered <br />other objections to PR7 prior to this submittal. Those objections are incorporated by reference. <br />3. PR7 IS UNLAWFUL BECAUSE JUDGMENT HAS BEEN ENTERED <br />ESTABLISHING THAT WFC VIOLATED THE SURFACE COAL MINING <br />RECLAMATION ACT AND ITS REGULATIONS AS TO OPERATIONS ON THE <br />MORGAN PROPERTY. <br />WFC, as the applicant seeking the instant revision, has the burden of proof to <br />establish that its application is in compliance with the Colorado Surface Coal Mining <br />Reclamation Act ( "SCMRA ") and its regulations. C.R.S. § 34 -33- 114(1). The instant <br />application, which is essentially an attempt to relitigate issues which WFC lost in a civil suit, <br />utterly fails to meet that legal burden. <br />In Case Number 2010 CV 367, District Court, Montrose County, Colorado the Morgans <br />alleged that WFC violated the Colorado Surface Coal Mining Reclamation Act ( "SCMRA ") and <br />its regulations by: a) failing to conduct a proper prime farmland investigation prior to mining; b) <br />stripping topsoil from the Morgan property without engaging in prime farmland soil <br />handling practices; c) improperly removing prime farmland soils from the Morgan Property; <br />and d) causing damage to the soils by elevating the salt and rock content, reducing the soil depth, <br />and the like. Following a trial, on December 7, 2012 the Court ruled that: <br />"It was Western Fuels' agent who conducted the initial soils survey and who erroneously <br />determined that the property was not `prime farm land' causing the initial permitting to allow <br />less stringent handling of the topsoil. As a result, soils were removed and applied to other <br />
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