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September 7, 2011 <br />Colorado Mine and Reclamation Board <br />1313 Sherman Street <br />Denver, CO 80203 <br />Re: MSF - Feister Pit #1 /M- 2006 -010 Request for Permit Transfer <br />Dear Boardmembers: <br />M 5 Forest, LLC <br />Environment is our business <br />I, Scott Canda, and MS Forest, wish to respectfully request reconsideration of the Board's August 10, <br />2011 ruling. Our reasoning behind this request has to do with Rule 2.9. The Board did not have all the <br />facts regarding the situation in order to make the determination. The Board determined that we were <br />in violation; however, we have the following reasons as to why the recommended corrective actions <br />were not made: <br />1. Scott Canda /MS Forest filed Chapter 7 Bankruptcy (after beginning in a Chapter 11 and then <br />being forced to a 7) and lost all the equipment that would have been used to make the <br />corrective actions — namely all four dozers owned by Canda /MS Forest. Those machines were <br />collateral for other indebted equipment and were confiscated. Without them, and no money to <br />hire someone else's machine, made making corrective actions impossible. <br />2. Mrs. Schneider, through whose property the easement road to access the pit runs, has been <br />causing grief (including the authorities) by attempting to prevent Canda /MS Forest (or Las <br />Animas County) from entering the property. We have already taken her to court, and the judge <br />determined that we did in fact have a right to pass through her property to access the pit. Las <br />Animas County expressed their interest in taking over this pit; however, Mrs. Schneider scared <br />them away. <br />Las Animas County still intends to take responsibility for the MSF- Feister Pit #1. On September 2, 2011, <br />Mrs. Schneider agreed to stand uncontested against the County taking ownership of the pit, that same <br />day we over - nighted a letter for her to sign stating such. The letter should be returned to us before the <br />September 14, 2011 hearing date. If we do not receive the letter from Mrs. Schneider, we will be forced <br />to file a lawsuit against her for the damages she is causing. I do not believe we will have to take this <br />extreme action. <br />( <br />Scott Canda <br />PO Box 521 <br />Aguilar, CO 81020 USA <br />(719) 941 -4378 <br />(719) 941 -4376 fax <br />www.rnsforest.com <br />