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Ross Gubka <br />Chief Engineer <br />WFC-New Horizon Mine <br />From: Berry, David [mailto:David.Berry@state.co.us] <br />Sent: Wednesday, May 05, 2010 5:28 PM <br />To: Lance Wade <br />Cc: Brown, Sandy; Talvitie, Marcia <br />Subject: RE: JoEllen Turner Allegations <br />Lance - Thank you for the response. <br />Rule 5.02.4 (1) requires that "Copies of all records, reports, inspection materials, or information obtained under these <br />rules ............ shall be immediately available to the public.....". This requirement applies to all records including revision <br />files, correspondence, etc. We understand that the permit document is located for review at the court house, but the <br />requirement for records availability requires access to all of the records, not just the permit document. <br />It is our understanding that the complete records storage location for the mine is at the mine, and that these records are <br />not be available to Ms. Turner given the strained relationship that seems to exist between WFC and Ms. Turner. DRMS <br />must assert that WFC is responsible for compliance with the records provisions of the rules. DRMS recommends that <br />WFC may need to explore alternative records access options to ensure compliance with Rule 5.02.4(1). <br />Thank you for your consideration of this issue. <br />David Berry <br />From: Lance Wade [mailto:rlwade@wfcnucla.org] <br />Sent: Monday, May 03, 2010 9:57 AM <br />To: Berry, David <br />Cc: 'Ross Gubka'; 'Murari Shrestha'; 'Chris Kamper' <br />Subject: RE: JoEllen Turner Allegations <br />David, <br />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 <br />made primarily of B zone and a small area of B zone that had not been completely stripped previously. Bench 1 <br />was not excavated and placed on the B zone stockpile, but Bench 1 was excavated and hauled to the uppermost <br />spoil dump on Morgans and to fill some low areas in the Morgan backfill. Marcia Talvitie was here at 1335 on the <br />28th to check on the complaint and, as far as I know, found no irregularities. <br />2. The complete permit, all seven volumes, is available at the Nucla courthouse annex in accordance with Rule <br />5.02.4. 1 personally checked when the courthouse opened this morning and photographed them. I cannot <br />guarantee that someone has not removed sections of the permit, but I believe the documents to be complete. <br />They are on the shelf next to the Permit Revision 6 binders and photos are attached. The Nucla courthouse <br />annex is the designated location at which the permit is maintained for public access. On advice of counsel <br />JoEllen Turner is not allowed on the mine site. If there is something specific that she believes to be missing from <br />the documents at the courthouse annex, we will be glad to replace it. <br />If you have any other questions, please let me know. <br />R. Lance Wade <br />Mine Manager