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Dated February 14, 2014 <br />David Berry <br />Division of Reclamation, Mining, and Safety <br />RECEIVED <br />FEB 1 B 2014 <br />Division of &Reclamation, <br />Mining <br />Dear Mr. Berry: I hope this letter finds you doing well. Happy Valentines Day. The purpose of <br />this letter is directed to you and has nothing to do with Western Fuels. This is a request by the <br />Morgans and myself to ask you to withdraw one of your statements in the compliance finding <br />report for PR -08. <br />The report was prepared on February 6,2014. On page 8 number 8 states. "Western Fuels - <br />Colorado, LLC does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the ACT of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an intent not to comply with the provisions <br />of the Act(2.07.6(2)(h)." <br />We got four judgements against Western Fuels. As the Judge stated in court Western Fuels <br />breached our lease, they violated the rules and regulations governing prime farmlands, they used <br />a soil survey and called it a prime farmland investigation, they stole our soils, and as the Judge <br />stated that these acts were made consciously and knowingly and these acts caused irreparable <br />damages to the Morgan property and to the Morgans. By violating the rules and regulations <br />governing prime farmlands, this was a direct violation of the Act. As the Judge stated to Lance <br />Wade in court, he should had known the rules and by him removing the soils and by not doing <br />what was required of him by law, he did irreparable damage to the environment which was the <br />landowners farm. He also stated that he felt in the future, another lawsuit would occur because he <br />felt that this can not be fixed satisfactorily. Now, this was the Judgejand his rulings will remain <br />of record for life. <br />It is not required of the State to put this particular sentence into this revision. It does not hurt the <br />State or help the State by making this statement. It is, however, a very erroneous statement and <br />you prepared this document and we are kindly asking at this point that this sentence be removed <br />from this report. <br />We would also like to ask you since you have been the initial preparer of all of this and you sent <br />a letter stating that this was revised and this was revised and this was revised, is there anything in <br />the original PR -08 that was submitted and approved by us, changed, deleted, or revised? <br />If there are any questions, please feel free to call us. We appreciate your time and effort and <br />Western Fuels has been fantastic working with us. Mike and Rick are great and the atmosphere <br />has changed favorably tremendously and we really enjoy our new found relationships. <br />Thank you again for your time and please get back with a response to us. <br />Thank you, 1 <br />llen Turner <br />Michael Morgan <br />