permit progress

Those who read the detail of Strata's responses to WDEQ's 3rd round RAI - dated 4 Nov and uploaded to Adams on 15 Nov - will recall that there were 3 outstanding matters.

One of these was simple - a clerical matter that Strata provided its response to.

One of the matters - to do with reclamation and bonding and the financial accounting for the bond of around $9.6m - is complex and could take some time to bed down.

The final matter - the Form 8 submission by all surface landowners giving their permission for mining - is a potential difficulty.

In its 3rd round RAI, WDEQ indicated that "the Cheyenne office has not received originally signed consents for Harry J. Berger or Michael E. Easley"

Strata responded that "he originally signed consent for Michael E. Easley has been submitted. Strata continues to work with the Berger’s to obtain the Form 8".

These consents are essential for progression of the PTM process.

Perhaps the reason that Harry J. Berger has not cinsented yet is that he is dead. He actually died just days before Strata submitted its application.

It's possible that the descendants - in particular Larry Berger - may have a different view than his dad. Or he may have been given a 'workover' by fellow rancher neighbours Pam, Shannon and Wilma.

Whatever reason, there must be some concern that, 11 months after submitting the PTM application, the Form 8 for the Bergers is still unsigned while Strata 'continues to work with the Berger’s'.

Harry attended all of Strata's consultations, prior to his death, and leading up to the submission.

Here is the death notice:

Harry J. Berger
1915 – 2010
NOVEMBER, 19 2010
Harry John Berger, 95, of Oshoto, WY, died Sunday, Nov. 14, 2010 at Dorsett Regional Senior Care in Spearfish, SD. Funeral services were held at 2 p.m., Friday, Nov. 19, 2010 at the Oshoto Community Bible Church. Burial followed at Pine Grove Cemetery. Memorials may be directed to benefit a charity of one's choice.

Harry was born in Moorcroft, WY on July 26, 1915, the only child of John and Minnie (Heumier) Berger. He lived his life as a rancher at Oshoto and was married to Montana Virginia Wagoner on March 15, 1934. Montana preceded him in death on May 18, 2005, but they were perfectly matched and shared a love of ranching, horses and dogs.

Harry was a man of good cheer and great integrity, for him, his word was his bond. One of the last of the old time ranchers, Harry lived through some of the most interesting time and saw life on the open range change with modern technology and experienced the rigors of ranching from every standpoint.

He is survived by his sons: Jerry Allen Berger and Larry Gene Berger; Larry's wife, Sara, and their children, April R. Berger, Robert Lee Berger and John Henry Berger; son-in-law, Donald W. Proctor and his sons, Jimmy Dale (Pam) Proctor and their son Trent and Jay Dee (Kim) Proctor and their son Peyton. Harry's beloved daughter, Virginia Gail Proctor, preceded him in death.

http://www.tsln.com/article/20101120/TSLN01/101119948