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From: Berry, David [ mai Ito: David. BerryCabstate.co.us] <br />Sent: Friday, June 03, 2011 5:44 PM <br />To: Lance Wade; Chris Kamper <br />Cc: Brown, Sandy; Talvitie, Marcia; Berry, David <br />Subject: <br />Hello Mr. Wade and Mr. Kemper— Please find attached a complaint letter received from Mr. Buckshot Burbridge on May <br />29, 2011. The letter expresses concerns with the reclaimed land on the Burbridge Property within the New Horizon Mine <br />permit area. The concerns are jurisdictional for the Division of Reclamation, Mining and Safety (DRMS), and the concerns <br />seem to be such that reasonable resolution can and should occur within the context of the Colorado Surface Coal Mining <br />Reclamation Act, the associated Regulations and the New Horizon Mine Permit. <br />DRMS expects that reclamation land management practices should be implemented to ensure effective use of the land <br />for agricultural purposes, and that such management will need to occur prior to bond release. Appropriate reclamation <br />must include grading to ensure positive drainage and irrigation system implementation consistent with the permitted <br />post mining land use. <br />Please review the materials submitted, and provide a detailed response to DRMS. We strongly encourage Western <br />Fuels- Colorado, LLC (WFC) to work with the landowner to address and resolve the concerns. We request that effective <br />interaction with the Burbridge representatives occur as soon as possible so that ongoing regulatory involvement may be <br />minimized or avoided. <br />Please let us know of your response at your earliest opportunity. <br />Thank you, <br />David berry <br />