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These parties may have information relevant to matters alleged in the pleadings, to be <br />determined by their depositions or other discovery in this matter. <br />3. Third Party Witnesses. <br />Jim Boyd and Dave Dearstyne, Natural Resources Conservation Service, Denver Federal <br />Center, Building 56, Room 2604, Denver CO 80225, 303 - 275 -5552. These witnesses <br />may have knowledge concerning the different soil handling procedures that were used, <br />the reasons for the procedures, the soil surveys and analysis that was done prior to and <br />after mining, and the content of the current mining reclamation plan. <br />Dave Berry, Sandy Brown, and Marsha Talivitie, Division of Mining Reclamation and <br />Safety, 1313 Sherman Street, Rm 215, Denver, Colorado 80203, 303 - 866 -3567. These <br />witnesses may have knowledge concerning the matters alleged in the pleadings, including <br />the history of the permit, the history of WFC's compliance with its permits and all <br />applicable regulations, the effect of mining on the Property, the content of the complaints <br />filed by plaintiffs, and the interaction between WFC and other government agencies. <br />Tim Berg, current address and telephone number unknown. Mr. Berg is a former <br />employee of WFC who has knowledge of the moving of topsoil to other properties <br />besides the Property, and the reasons for such removal. <br />Jim Irvine, current address unknown, last known address Intermountain Resource <br />Inventories, Inc., 182 County Road 24, Ridgeway, Colorado 81432. Mr. Irvine may have <br />knowledge relevant to matters alleged in the pleadings, including the soil survey and <br />sampling work that was done prior to mining, and the condition and soil composition of <br />the Property prior to mining. <br />MATTERS REQUIRED BY RULE 26(a)(1)(B) <br />The following documents are relevant to disputed facts alleged with particularity in the <br />pleadings, and are available for inspection and copying at the offices of undersigned counsel. <br />1. The "Permit File" containing the matters deemed part of WFC's Permit Applications, <br />all comments thereon by the Division including all adequacy reviews and WFC's <br />responses, WFCs responses to other comments, comments by members of the public, <br />and the actions by the Division taken in response, in all cases as they relate to the <br />Permit Revisions known as PR -05, PR -06, and all Technical and Minor Revisions <br />that took place between 1998 and the present. <br />2. Pre - mining vegetation and soil surveys completed by Peabody. WFC is currently <br />investigating to determine whether these documents still exist and their relevance. <br />3. WFC's file containing drafts of the Coal Mining Lease. <br />4. Correspondence among the parties. <br />(00050022.1) <br />