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Berry, David <br />From: Jeff Fugate [Jeff.Fugate @state.co.us] <br />Sent: Monday, April 09, 2012 4:39 PM <br />To: 'Chris Mcanany' <br />Cc: Berry, David <br />Subject: FW: <br />Attachments: GENERATurner inspection comments.pdf <br />Chris, <br />1; ill <br />Attached please find another letter from Ms. Turner requesting that it be held in confidence by the Division. <br />Please note that Ms. Turner has misstated /misapplied the Rule and is incorrect in her assertion that this letter is <br />confidential. As was stated in the e -mail I sent last Friday, under the Coal Rules and Regulations, there are very <br />limited instances in which the Division treats correspondence from the public as confidential. Rule 5.02.5 <br />discusses confidentiality as it relates to a comment letter that request the Division to conduct an inspection. <br />Once again, she has not requested an inspection, therefore the provisions of Rule 5.02.5 are not applicable. Ms. <br />Turner's assertion to the contrary does not change the clear language of the Rule. <br />Please once again advise your client that, in most instances, letters that she submits to the Division will not be <br />held in confidence. This letter is not confidential and has been added to the public permit file. <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 />From: Berry, David [mailto:David.Berry@state.co.us] <br />Sent: Monday, April 09, 2012 10:50 AM <br />To: Jeff Fugate <br />Subject: <br />Another one where she is indicating a confidentiality label. <br />DB <br />1 <br />