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4 <br />C S M B <br />- - <br />HUDSON'S BAY CENTRE <br />1600 STOUT STREET, SUITE 1700 <br />DENVER, COLORADO 80202 <br />MAINLINE: 303.893.1815 <br />FACSIMILE: 303.893.1829 <br />June 8, 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 />CHRISTOPHER M. KAMPER <br />CKAMPER9CKSMB.00M <br />Re: Citizen complaint regarding timing iming of haying and revegetation studies <br />Dear Mr. Berry: <br />Western Fuels — Colorado, LLC ( "WFC ") received a two -page faxed document from JoEllen <br />Turner on June 2, 2011 that complained to the Division that the timing of WFC's revegetation <br />studies was interfering with haying activities. This letter, and the attached documents, <br />summarizes WFC's investigation in response to the. complaint and the findings of that <br />investigation. <br />As a threshold mutter, it does not appear to WFC that the complaint raises an issue within the <br />jurisdiction of the Division. This is, if anything, a dispute (to the extent there is a genuine <br />dispute) concerning the timing of various activities on private lands. The Division generally <br />considers such private property matters as being outside of its jurisdiction. Moreover, as shown <br />below, there does not appear to be a genuine dispute between WFC and any affected landowner <br />as to the issues raised in the complaint. Ms. Turner has acted as a contractor to one of the <br />affected landowners, but the haying and revegetation studies complained of do not involve lands <br />owned by her or any member of the Morgan family. <br />However, WFC is sharing the following results of its investigation with the Division in order to <br />provide the Division with useful background information and in hopes of resolving this matter in <br />a cooperative fashion. <br />CARVER SCHWARZ MCNAB & BAILEY, LLC <br />