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?--rn04 t ECL <br />CARVER SCHWARZ MCNAB & BAILEY, LLC <br />HUDSON'S BAY CENTRE <br />1 600 STOUT STREET, SUITE 1700 <br />DENVER, COLORADO 80202 <br />MAINLINE: 303.893.1815 <br />FACSIMILE: 303.893.1829 <br />QG? 2 ox(?n <br />06 V's"M <br />CHRISTOPHER M. KAMPER <br />CKAM PER@CKSM B. C OM <br />October 25, 2010 <br />BY EMAIL AND U.S. MAIL <br />Ms. Jillian Allison, Esq. <br />Assistant Attorney General <br />Office of the Colorado Attorney General <br />Business and Licensing Section <br />1525 Sherman Street 7th Floor <br />Denver, CO 80203 <br />Re: Permit Revision No. 6. Western Fuels - Colorado LLC <br />Dear Ms. Allison: <br />This office is counsel to Western Fuels - Colorado LLC ("WFC") concerning the above- <br />referenced permit revision. The Division of Reclamation, Mining, and Safety (the "Division") <br />recommended approval of the permit revision, referred to as PR-06, on October 1, 2010. <br />Since that date, the Division has received two objection letters, both filed by JoEllen Turner, <br />which have been forwarded to me for review. Ms. Turner has appeared in the review process <br />prior to the Division's recommendation as attorney-in-fact for Frank and Mary Lou Morgan, who <br />own property in Montrose County where significant mining operations are currently underway. <br />I understand that the first of these letters, received by the Division on October 13, 2010, was <br />deemed insufficiently specific to trigger review by the Mined Land Reclamation Board (the <br />"Board'. The Division notified the objector of this deficiency, and the objector then made a <br />subsequent filing that the Division received on October 21, 2010. My understanding is that the <br />Division deems the second, October 21 objection letter (the "Objection") sufficiently specific to <br />require review by the Board. <br />Since the Colorado coal regulatory program has somewhat more fluid and informal procedures in <br />comparison to other programs subject to the supervision of the Board, I am addressing the <br />following requests to you as counsel to the Board. This initial request may be followed up by a <br />later written submission responding to the assertions in the Objection in detail.