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Talvitie, Marcia <br />From: Berry, David <br />Sent: Tuesday, October 04, 2011 3:07 PM <br />To: Brown, Sandy; Talvitie, Marcia <br />Cc: jeff.fugate @state.co.us; (rlwilliamson @osmre.gov); Kenneth Walker (kwalker @osmre.gov) <br />Subject: FW: Western Fuels Colorado, LLC <br />Hello Sandy and Marcia - I just sent the below message to Kamper, with the attached comments from McAnany. I called <br />Kamper first to let him know that the message is on the way, and that I will appreciate his help in obtaining an objective <br />response from WFC. I also emphasized that Turner and McAnany are seemingly complying with my request that <br />McAnany serve as the representative for Turner /Morgans. <br />Once we receive the response from WFC and /or their counsel regarding the field allegations, I will ask for your <br />observations from any recent field inspections regarding the issues. <br />Please also incorporate the McAnany email and concerns as comments to the TR 61 file and give full consideration to <br />any technical merits associated with the comments and the TR -61 sampling plan proposal. <br />Thank you, <br />David <br />From: Berry, David <br />Sent: Tuesday, October 04, 20112:52 PM <br />To: Chris Kamper <br />Cc: Chris Mcanany; jeff.fugate @state.co.us; Kenneth Walker (kwalker @osmre.gov) <br />Subject: FW: Western Fuels Colorado, LLC <br />Hello Chris ( Kamper) — Please review the concerns indicated below with the appropriate WFC personnel, and provide a <br />response to the field- related allegations at your earliest convenience. Specific field operations details should be <br />provided for any activities related to soil and Bench 1 materials. <br />The issues related to the forthcoming sampling plan are under review by the agencies with the TR -61 application <br />process. Any technical adequacy deficiencies specific to the forthcoming sampling program will be addressed during the <br />TR review process. <br />Thank you, <br />David Berry <br />From: Chris Mcanany [mailto:mcanany @dwmk.com] <br />Sent: Tuesday, October 04, 2011 10:15 AM <br />To: Berry, David; 'kwalker @osmre.gov'; 'steve.park @co.usda.gov' <br />Cc: 'Joellen Turner'; 'Retrum, John'; 'Jeff Fugate' <br />Subject: Western Fuels Colorado, LLC <br />David <br />I write to alert you to a concern expressed by my clients following receipt of TR -61, the proposal for additional soil <br />sampling on the Morgan property. Ms. Turner and Mr. Morgan report that they have recently witnessed Western Fuels <br />personnel moving top soil and emplacing same on the surface of the "bench one" stockpiles on the Morgan property. <br />