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Berry, David <br />From: Jeff Fugate [Jeff.Fugate @state.co.us] <br />Sent: Friday, April 06, 2012 1:05 PM <br />To: 'Chris Mcanany' <br />Cc: Berry, David <br />Attachments: Turner FAX 1 April 5, 2012.pdf; Turner FAX 2 April 5, 2012.pdf <br />Chris, <br />Attached are two faxes received by DRMS on April 5 from JoEllen Turner. Although the letters are <br />confusing and it is difficult to make sense of what information it is that she was trying to relay to the Division, it <br />is clear that she has requested that the letters be held in confidence by the Division. Under the Coal Rules and <br />Regulations, there are very limited instances in which the Division treats correspondence from the public as <br />confidential. Rule 5.02.5 discusses confidentiality as it relates to a comment letter that request the Division to <br />conduct an inspection. Specifically, Rule 5.02.5(2) states that the "identity of any person supplying the <br />information to the Division in requesting an inspection shall remain confidential, unless that person elects to <br />accompany the inspector on the inspection... ". Therefore, the protection of confidentiality afforded by the rules <br />is limited in application. <br />In this instance, Ms. Turner did not request an inspection in either fax, therefore the confidentiality <br />option does not apply. Even if an inspection was requested, I am not sure that the content of the letters could <br />be treated as confidential. Therefore, the Division cannot provide Ms. Turner with the confidentiality requested. <br />Please inform Ms. Turner that, in most instances, letters that she submits to the Division will not be held <br />in confidence. Because Ms. Turner may have submitted the two faxes under the assumption they would be held <br />in confidence, please advise myself and the Division if she wishes to withdraw these faxes by close of business <br />Monday, April 9. If we do not hear from you/her, the Division is obligated to forward these letters to the <br />operator and add them to the public permit file. <br />Please call if you have any questions. <br />Jeff M. Fugate <br />First Assistant Attorney General <br />Natural Resources & Environment Section <br />303 - 866 -5532 <br />This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named Any <br />name or signature block is not a legally binding electronic signature. If you are not an intended recipient you are not authorized to <br />disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete <br />this e-mail from your system. <br />1 <br />