2010-05-06_GENERAL DOCUMENTS - C1981008

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Berry, David From: Lance Wade [rlwade @wfcnucla.org] Sent: Thursday, May 06, 2010 11:07 AM To: Berry, David Cc: Brown, Sandy; Talvitie, Marcia; 'Chris Kamper' Subject: RE: JoEllen Turner Allegations David, To my knowledge Ms. Morgan has yet to ask for access to the records, so she has no idea what the result of her fictional inquiry might be. WFC will consider your recommendation. Thank you, Lance Wade From: Berry, David [mailto:David.Berry@state.co.us] Sent: Wednesday, May 05, 2010 5:28 PM To: Lance Wade Cc: Brown, Sandy; Talvitie, Marcia Subject: RE: JoEllen Turner Allegations Lance — Thank you for the response. Rule 5.02.4 (1) requires that "Copies of all records, reports, inspection materials, or information obtained under these rules ............ shall be immediately available to the public..... ". This requirement applies to all records including revision files, correspondence, etc. We understand that the permit document is located for review at the court house, but the requirement for records availability requires access to all of the records, not just the permit document. It is our understanding that the complete records storage location for the mine is at the mine, and that these records are not be available to Ms. Turner given the strained relationship that seems to exist between WFC and Ms. Turner. DRMS must assert that WFC is responsible for compliance with the records provisions of the rules. DRMS recommends that WFC may need to explore alternative records access options to ensure compliance with Rule 5.02.4(1). Thank you for your consideration of this issue. David Berry From: Lance Wade [mailto:rlwade @wfcnucla.org] Sent: Monday, May 03, 2010 9:57 AM To: Berry, David Cc: 'Ross Gubka'; 'Murari Shrestha'; 'Chris Kamper' Subject: RE: JoEllen Turner Allegations David, 1. 37 loads of Morgan's B zone topsoil were hauled to the B zone stockpile on April 27 to clean up a berm that was made primarily of B zone and a small area of B zone that had not been completely stripped previously. Bench 1 was not excavated and placed on the B zone stockpile, but Bench 1 was excavated and hauled to the uppermost spoil dump on Morgans and to fill some low areas in the Morgan bftkfill. Marcia Talvitie was here at 1335 on the 28 to check on the complaint and, as far as I know, found no irregularities. 2. The complete permit, all seven volumes, is available at the Nucla courthouse annex in accordance with Rule 5.02.4. 1 personally checked when the courthouse opened this morning and photographed them. I cannot guarantee that someone has not removed sections of the permit, but I believe the documents to be complete.