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C S M B <br />L A W Y <br />HUDSON'S BAY CENTRE <br />1 600 STOUT STREET, SUITE 1700 <br />DENVER, COLORADO 80202 <br />MAIN LINE: 303.893.1815 <br />FACSIMILE: 303.893.18 29 <br />November 17, 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 />Dear Mr. Berry: <br />The language requested by Mr. McAnany is as follows: <br />CARVER SCHWARZ MCNAB & BAILEY, LLC <br />CHRISTOPHER M. KAMPER <br />CKAMPER @CKSMB.COM <br />Re: Correspondence to DRMS dated 11/15/11 from Chris McAnany re TR61 <br />With reference to the above - captioned correspondence, Western Fuels — Colorado, LLC <br />( "WFC ") has no objection to the inclusion of the language requested therein within either TR61 <br />or the permit file pertaining to TR61, as appropriate. <br />"Reclamation plans for the Morgan property may be revisited, depending upon <br />the analysis of data from the Soil Sampling and Analysis Plan or other sources. <br />Modifications to reclamation plans will be reviewed by DRMS pursuant to future <br />permit modification procedures." <br />WFC does not object to this language and agrees with the statement. WFC informed DRMS of <br />its position informally by telephone on November 16, 2011, and is documenting that position <br />with this correspondence. <br />This response to the request by Mr. McAnany is expressly subject to WFC's understanding that <br />inclusion of the proposed language will not further delay the permit approval process, invalidate <br />or otherwise call into question DRMS's approval of TR61 dated November 4, 2011, or require a <br />hearing or other action by the Mined Land Reclamation Board ( "MLRB ") or extension of the <br />public comment period. As WFC has stated before, the sampling of undisturbed ground that is <br />scheduled for November 22, 2011 is a critical event, delay of which would likely result in <br />