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JOHN W. SUTHERS <br />Attorney General <br />CYNTHIA H. COFFMAN <br />Chief Deputy Attorney General <br />DANIEL D. DOMENICO <br />Solicitor General <br />Mr. Chris McAnany <br />Dufford, Waldeck, Milborn & Krohn LLP <br />744 Horizon Court, Suite 300 <br />Grand Junction, CO 81506 <br />Dear Chris: <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 7th Floor <br />Denver Colorado 80203 <br />Phone (303) 866 -4500 <br />June 3, 2011 <br />Sent via e-mail to: mcanany@dwmk.com <br />RE: Morgan, et al. v. Western Fuels -- Colorado et al. <br />2010 CV 548 and 2010 CV 367 <br />I am writing to thank you again for taking the time to meet with myself, Loretta <br />Pineda and David Berry last week regarding the various Western Fuels matters. We <br />appreciated the opportunity to discuss the two pending court cases, as well as the chance to <br />openly discuss both the Division's and Ms. Turner's present concerns with this matter. <br />I also want to confirm our conversation regarding JoEllen Turner's correspondence <br />with OSM. It is the Division's understanding that Ms. Turner is under the impression that <br />the Division will not communicate with her directly because of the pending litigation. That <br />is not the case. As we discussed, the Division wants to make it clear to Ms. Turner that the <br />lines of communication with the Division have not been severed due to the litigation. In fact, <br />Ms. Turner has been, and still is, encouraged to communicate directly with David Berry or <br />other Division staff regarding concerns or complaints with Western Fuel's current activity on <br />the Morgan's property. Although I have advised staff not to discuss the pending litigation <br />with Ms. Turner, I want to clarify that staff is available to fully discuss recent matters of <br />concern with Ms. Turner. In addition, the Division will continue to promptly respond to Ms. <br />Turner's letters of complaint with appropriate action. <br />Finally, 1 would like to reiterate the Division's request that Ms. Turner's initial <br />communications regarding concerns or complaints with Western Fuels be submitted to the <br />Division, rather than OSM. Although it is understood that Ms. Turner will continue to <br />communicate directly with OSM when necessary, the Division would prefer that Ms. Turner <br />follow the proper procedure for initiating complaints with the Division so that the Division is <br />provided the opportunity to properly inspect and respond. <br />