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Ms Marcia L. Talvitie, P.E. October 1, 2008 <br />Colorado Division of Reclamation, Mining, and Safety RECEIVED <br />641 CR 233, Suite A-2 <br />Durango, Co. 81301 OCT 0 6 2008 <br />Division or Reclamation, <br />RE: Technical Revision No 58, Section 2.05.4(2) Revegetation. Change the revegetation Mining and Safety <br />standard for Irrigated Pasture from a standard to a reference area (CO-0000213). New Horizon <br />Mine, Permit C-81-008 <br />Dear Marcia, Sandy, and the Colorado Division of Reclamation, Mining, and Safety: <br />We do not object to the revegetation standard for Irrigated Pasture from a standard to a reference <br />area. We do understand what the purpose of this is and what Western Fuels is trying to do here.. <br />The reference area that they are using to get bond release for irrigated pasture areas is acceptable <br />but for irrigated pasture only. <br />According to the cover letter, all of Frank Morgans property is irrigated cropland(alfalfa), and <br />another permit amendment will be submitted within 30-45 days. According to the second page <br />of the revision, they are only changing the Irrigated Pasture success standard from a numerical <br />standard to reference area comparison. We do not object to this at this time. <br />We do, however, have many objections to the total content of this proposal which, according to <br />Ross Gubka, will be addressed in the next revision. , .In order to get some building blocks and :get <br />started on getting our property returned to us as good as or better than it was, we .are willing to <br />accept the TR-58 revision for irrigated pasture only. We have no irrigated pasture on, our land,. <br />but there is some on Patty Morgans and others, which at this time, we do not object to using a <br />reference area for bond release. <br />We want to again remind you that we are not accepting the "water" usage amount for irrigation. <br />We are going to stand behind the 1 share will do 2 acres. This is based on years and years of <br />personal experience along with many, others' experience. Some of the permit information <br />contained in this application was incorrect at the time it was presented and accepted. We were <br />not aware of its contents upon signing a lease-agreement, therefore, we do not agree with most of <br />the "old" statements. We will, however, wait to see the "FUTURE" amendments and revisions <br />that are suppose to be coming out and that are suppose to change some of those items that we are <br />objecting to, according to Ross. We do reserve the right to object to the content as a whole if for <br />any reason the amendments or revisions are not accurate and we do not get our property back as <br />good as it was and is. Sometimes promises and statements are lost or misinterpreted at later <br />dates and what we were told and expected are not necessarily the outcome. <br />We would like to see Western Fuels get bond release as soon as possible on the east side of 2700 <br />Road . We believe this area has been ready to go back to the farmer for many years. We do not <br />understand why it should take so long for bond release and hope to have ours returned to us as