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Sent: Thursday, May 14, 2009 11:53 AM <br />To: Aug, Thomas; Schiesswohl, Steve <br />Cc: Kilpatrick, Laura <br />Subject: RE: Revised Bestway Concrete Letter <br />Hey Tom, <br />Has this gone out? <br />Thanks, <br />Scott <br />720-377-9682 <br />-----Original Message----- <br />From: Aug, Thomas [mailto:thomas.aug@emcbc.doe.gov] <br />Sent: Tuesday, May 12, 2009 5:11 AM <br />To: Schiesswohl, Steve <br />Cc: Kilpatrick, Laura; Surovchak, Scott <br />Subject: RE: Revised Bestway Concrete Letter <br />Thanks, Steve and Laura, I have incorporated nearly all the recommended changes, and have <br />forwarded for formatting. <br />Tom <br />-----Original Message----- <br />From: Schiesswohl, Steve [mailto:Steve.Schiesswohl@lm.doe.gov] <br />Sent: Monday, May 11, 2009 8:29 PM <br />To: Aug, Thomas <br />Cc: Kilpatrick, Laura; Surovchak, Scott <br />Subject: Revised Bestway Concrete Letter <br />our email system is broken along with several of our electronic tools so I apologize for <br />embedding the language in the email. Attachments won't work after an hour of trying. <br />Thanks for your help on this issue. <br />Dear Mike: <br />BESTWAY CONCRETE, TEMPORARY BATCH PLANT; ROCKY FLATS SITE (CO) <br />This letter is in response to your letter dated April 28, 2009 regarding the above subject <br />matter. We at Department of Energy (DOE) appreciate your position; however, we request that <br />you immediately discontinue the Bestway Concrete Batch Plant operations on our Rocky Flats <br />site and remove all temporary structures, concrete waste products, recycled concrete, and <br />similar by-products associated with the operation at the site within 60 days of receipt of <br />this letter. We believe this provides you with sufficient time to relocate all the <br />structures and the operation. We have been patient and have given you ample to time to <br />provide us with the documentation and justification for the existence of the batch plant at <br />this location. The references you provided for further research do not provide the <br />justification needed. . <br />The Federal Government does not allow access to Federal lands for the purpose of running a <br />commercial enterprise absent statutory or other authority. Neither the Rocky Flats National <br />Wildlife Refuge Act of 2001 nor its supplement found in Section 3112 of the National Defense <br />Authorization Act of 2006, allow such use. In addition, DOE has not authorized any <br />commercial uses at the Rocky Flats site and is not prepared to do so. <br />z