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S- Yy\0& d 5-2- A 1 <br />SEEM CARVER SCHWARZ MCNAB & BAILEY, LLC <br />I!- A Y E R S <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 />May 2, 2011 <br />BY EMAIL <br />David Berry <br />Director, Coal Regulatory Program <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 <br />Re: TDN #X11-140-182-003, availability of public records <br />Dear Mr. Berry: <br />CHRISTOPHER M. KAMPER <br />CKAMPER@CKSMB.COM <br />In response to the OSM letter to the Division dated April 26, 2011, pertaining to the above- <br />referenced TDN, Western Fuels Colorado LLC ("WFC") performed its own investigation of the <br />availability of records at the Montrose County Courthouse Annex in Nucla where they are <br />currently maintained, as well as possible alternative locations. <br />WFC was informed that the Montrose County Courthouse Annex does allow copying of public <br />records, which can be done by staff members at a charge of 25 cents per page. We recognize <br />that this is inconsistent with what the Division was told by Vanna Naslund, the Deputy County <br />Clerk, as reported in the Division's letter to OSM dated April 8, 2011, and do not know what <br />accounts for the disparity. However, it is clear from the attached letter that WFC obtained from <br />the Clerk & Recorder's office that the public is indeed able to make copies, and the hours of <br />operation are as stated in the Division's letter. <br />For the sake of thoroughness, WFC also investigated the following alternative locations as a <br />place to keep permit files. First, we contacted the Nucla Town Hall and learned that they permit <br />copying of records. However, Town Hall staff indicated they did not have a good place at the <br />Town Hall to store public records of this volume nor display them to the public. <br />We also checked the Nucla Library. Its hours of operation appear rather erratic and are not as <br />long as those of the County Courthouse Annex. However, we were able to verify the library <br />does have a copy machine available.