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Berry, David <br />From: Ross Gubka [rgubka@wfcnucla.org] <br />Sent: Friday, May 07, 2010 1:14 PM <br />To: Berry, David <br />Cc: 'Lance Wade'; Brown, Sandy; Talvitie, Marcia <br />Subject: RE: JoEllen Turner Allegations <br />Thank you, <br />Ross <br />From: Berry, David [mailto:David.Berry@state.co.us] <br />Sent: Friday, May 07, 2010 12:27 PM <br />To: Ross Gubka <br />Cc: Lance Wade; Brown, Sandy; Talvitie, Marcia <br />Subject: RE: JoEllen Turner Allegations <br />Mr. Gubka -The referenced rule requires that "all" such records be available "until the Division has terminated <br />jurisdiction". The records are those obtained "under these rules". There is no time limitation. These records include (but <br />are not limited to) all permitting-related materials including records such as the application materials, revised pages, <br />correspondence, publications, etc. This requirement includes all records associated with Coal Act/Rules compliance. <br />The requirement is broad, and a specific list is not possible. The storage location is "at a convenient place in the area of <br />the mining". This location can be the mine office as long as the records are in fact "available to the public". <br />Posting of active applications and related materials at the courthouse is a separate requirement. Any active application <br />materials should remain at the courthouse until after the close of any public comment period, or any appeal period if an <br />appeal is filed. <br />David Berry <br />From: Ross Gubka [mailto:rgubka@wfcnucla.org] <br />Sent: Friday, May 07, 2010 6:54 AM <br />To: Berry, David <br />Cc: 'Lance Wade'; Brown, Sandy; Talvitie, Marcia <br />Subject: RE: JoEllen Turner Allegations <br />Dave- <br />I have read Rule 5.02.4(1) and I still need clarification on what "....records, reports, inspection materials, or information <br />obtained under these rules......". The Rule doesn't give a clear description of what is exactly needed. I called Sandy <br />Brown and she suggested I Email you with the question. <br />I can figure out that the DRMS monthly inspection records, Pond Bank Inspection Records, Blasting Records, Annual <br />Hydrology Report, Annual Reclamation Report, needs to be included, but for how far back in date? Three years? Of <br />course WFC complete Mine Permit is already at the court house for public viewing. <br />When we apply for a Technical/Minor Revision, we place a copy of the application at the Nucla Annex for Public viewing. <br />So how long should those records be kept at the Annex after they have been approved or with drawn? Do we need to <br />make available "all" TR/MR material to the public? <br />Thank you for your time.