2013-01-28_GENERAL DOCUMENTS - C1981008 (3)

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JoEllen Turner Division of Reclamation, Mining, and Safety Office of Surface Mining January 25, 2013 970 - 864 -7682 p.1 RECEIVED JAN 287_213 Division of Reclamation, Mining and Safety Tr -61 was suppose to be used for SAMPLING and data gathering only. A technical revision is allowed for minor revisions of which acquiring samples and data gathering could be considered minor and a technical revision could be used. A technical revision cannot be used to make any changes to the reclamation of a landowners property especially any type of major changes. This is a rule that is promulgated under the ACT which is the law and you are allowing Mr. Deioia to form conclusions to try and change the reclamation of the prime farmland status which he references the TR -61 ordered him to do by DRMS and OSM. If this is a true statement, then Tr -61 is also illegal. The prime farmland designation is the designation given to a piece of property after a prime farmland investigation and a soil survey has been performed prior mining and this designation is given by the only authority that can do that, NRCS. It was a Board Order that all of this property, the entire 107.9 acres be restored to prime farmland as well as a DRMS order, and OSM order and an NRCS determination. Tr -61 was to gather samples and if it was used for any other purpose, not only were we mislead and given false information, TR - 61 was also used incorrectly. NRCS could have been given the information and the results of that testing, but a prime farmland determination had to be done prior to any mining and a reversal of that decision at this time cannot be done. It's been 10 years since WFC entered this property and it must be put back as good as or better than it was. Trying to do a prime farmland investigation and a soli sampling at this stage of the game is too late and against the Act and rules and regulations promulgated thereunder.