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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />August 19, 2011 <br />Ms. JoEllen Turner <br />P.O. Box 346 <br />Nucla, CO 81424 <br />Re: FAX dated July 28, 2011 — Western Fuels— Permit Number C- 1981 -008 <br />Dear Ms. Turner: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />We have reviewed the concerns expressed in your fax transmittal dated July 28, 2011 regarding farming <br />practices on the Morgan Property within the New Horizon Mine permit area. I attach a copy of the fax <br />correspondence with this letter for our respective records. <br />The matters described in the July 28, 2011 fax appear to be issues governed by the mining and <br />reclamation lease that exists between the Morgans and Western Fuels — Colorado. The coal regulations <br />and law do not contain requirements specific to your concerns. At this time, we are unable to take any <br />regulatory action to address your allegations against Western Fuels- Colorado. <br />I will endeavor to visit with you in Nucla at some time in the future. I will be in touch with you if such an <br />opportunity becomes feasible. <br />Sincerely, <br />David Berry <br />Director, Office of Mined Land Reclamation <br />CC: Kenneth Walker, OSM <br />Rick Williamson, OSM <br />Chris McAnany <br />Chris Kamper <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />