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Berry, David <br />From: Berry, David <br />Sent: Wednesday, October 12, 2011 11:41 AM <br />To: Chris Mcanany; Chris Kamper; jeff.fugate @state.co.us <br />Cc: Kenneth Walker (kwalker @osmre.gov); Williamson, Rick L.; Brown, Sandy; Talvitie, Marcia; <br />Berry, David <br />Subject: WFC - TR -61 <br />Attachments: turfax.pdf <br />Hello Jeff, Chris and Chris — Please be advised that DRMS received the attached objection to the WFC TR -61 from Ms. <br />Turner by FAX yesterday. <br />The objection links the current TR -61 action with the previous PR -06. The objection creates a potential for a lengthy <br />review and appeal process, involving the Colorado Mined Land Reclamation Board. <br />TR -61 is being required by both the DRMS and the OSM to address pending OSM oversight review issues, and is <br />occurring while the judicial review of PR -06 remains in abeyance at the request of counsel for Ms. Turner pending this <br />TR -61 action (and any other actions that may follow once soil sampling results are obtained). Given the ongoing <br />assertions (and current TR -61 objection)by Ms. Turner regarding the legality of PR -06, we may want to consider holding <br />off on any further permitting process, until the judicial appeal has been resolved. <br />DRMS will need to respond to Ms. Turner, and we will indicate that DRMS and OSM are requiring TR -61, in part to <br />comply with the OSM oversight direction associated with various pending Ten Day Notices. TR -61 is being required as a <br />first step in resolving these ongoing matters. It is also concerning that although we all went to great lengths to ensure <br />that all parties were provided copies of the revision and associated notices, Ms. Turner still seems to indicate otherwise <br />in her letter. Ms. Turner has also been previously advised that all of the WFC - related documents are available for full <br />viewing at the DRMS website. <br />I request that a conference call be convened as soon as possible with DRMS, Turner and WFC counsel and myself to <br />address the immediate path forward. <br />Thank you, <br />David Berry <br />