2013-01-09_REVISION - C1981008 - Laserfiche WebLink

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Division fo Reclamation, Mining , and Safety 1313 Sherman Street Room 215 Denver, Colorado 80203 Z89L RECEIVED 'JAN 1 0 2013 Division of Reclamation, Mining & Safety Dear Mr. Berry and Miss Pinata: This is a formal objection to Permit Revision 7. You will be receiving many more objections in the next few days and we are also requesting an informal hearing to be held here in Nucla, Colorado. This must be done at a convenient time and location and viewing of the property in question must be available to all of the objectors. This is the Frank and Mary Lou Morgan property that is being objected to. From the beginning, Western Fuels had continuously submitted materials that were false in nature or withheld information pertinent to making a complete decision for a permit regarding this property as being in compliance. The rules and regulations were written to govern surface coal mining operations, not the landowner. The first part of the ACT states that the landowner and the land owner rights are to be protected from the adverse affects of surface coal mining. It also states that the property is to be restored to the "USES" that it had prior to mining of equal or "HIGHER" uses. The Entire 107.9 acres has been "BOARD" ordered to be restored to prime farmland, the entire 107.9 acres. A judgement against Western Fuels was also acquired in a court of law stating that they violated the rules and regulations governing prime farmland and also breached the lease with Frank and Mary Lou Morgan. According to the rules and regulations, anyone who participated as part of the Formal hearing had to file an appeal to that decision within a certain time frame, that which has expired completely at this time. If Western Fuels did not agree with the Boards decision, they had to file an appeal. This was not done. In fact, they bragged about the decision and went as far as to publicize it in the local paper bragging on their victory and how they would stand behind Pr - 100 %. To try and use the "back door" now and try to reverse that decision is not only inappropriate, but again violates the rules and regulations set forth by the government. Our property will be returned to the prime farmland status that it had prior to mining following the rules and regulations set forth and according to the standards of the National Soil Survey Handbook and we are not going to accept anything less. The rules and regulations that have already been violated prior to mining and ongoing are: 2.04.12 A prime farmland investigation had to be done before EVER entering this property and a complete plan had to have been established before approval of a permit that clearly demonstrates, segregation, reclamation, and revegetation. This plan must also be what the landowner had planned as well as NO major changes can be done to a landowners property without the consent of the landowner. MR -51 and Mr -57, both MINOR revisions did major cahnges to the Morgan aeuanl uellaof