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JoEllen Turner <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman Street Rom 215 <br />Denver, Colorado 80203 <br />January 32, 2013 <br />970 -864 -7682 p.1 <br />{ " , ?: . fy1 n - <br />RECEIVED <br />JAN 242013 <br />Division of Reclamation, <br />Mining & Safety <br />Dear Mr. Berry: This is a request for an informal hearing for Bond release on the Benson properties. <br />The Morgan family owned the property known as Bensons Mountain prior to even Benson owning it. <br />Bode Porter has written several objections to the Benson West property. I has been documented as <br />being anywhere from 27 to 35 feet higher in elevation. It is nothing like it was prior to mining. It had <br />slack dumps, and gravel and now by using the Morgans soils, it is 35 feet higher in elevation than it was <br />originally. The original contour shows a high point on the Benson Mountain, but by using Morgan soils, <br />it is now that elevation completely across. It has been worked and re- worked many times now and <br />planted and re- planted several times now. <br />This property also as the rest of the Benson property was used as a landfill. I do not recall WFC ever <br />obtaining a landfill permit at anytime. The OLD SHOVEL is buried right there on Buds property. The <br />employees as well as friends and neighbors were allowed to come to these properties on weekends and <br />dump TIRES, AIRCONDITIONERS, refrigerators, mattresses, boards, tin, anything that was around their <br />homes that they needed to get rid of, but because of the expense at the landfill, did not want to use the <br />landfill. <br />The tires that lined the original ditch was pushed off into the active pit and buried. Morgan soils were <br />used to reclaim the Benson properties. These soils were prime farm land soils as designated for 40 years <br />by NRCS. This is also a part of an objection to PR -07 that should have never been permitted. <br />It is not up to the landowner to know these rules or regulations. These rules and regulations and the Act <br />were put into law by President Carter in 1977. The State is suppose to maintain and enforce these <br />obligations that are mandated by the Colorado Surface Coal mining Act. These people should have been <br />included in major decisions being made. Your response to that, it was publicized. Well, the publications <br />sometimes were not even at this court house, the publications were so vague at points that no one even <br />knew what they were referring to, not one farmer was ever told that there would be publications in the <br />local papers and that they needed to learn all the rules and regulations governing surface coal mining, <br />this was the STATES job to make sure that the information that was submitted to them was accurate and <br />correct before taking their word on it and just passing anything and everything. <br />Yes, the coal mine as far as jobs and donations is very important to this area. But so are the farmers. <br />These are privately owned farms and ranches that are being mined for this energy source and without <br />them , there would be no coal mine right here. Our production and our jobs are JUST as important. <br />