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They view this activity (which seems to be disconnected from any other operations) as an attempt to cover up or at least <br />amend the bench one material in advance of the upcoming soil testing, apparently in an attempt to influence the results. <br />My clients have personal experience with other instances where Western Fuels employees were told to conceal <br />information from regulators, and they believe that Western Fuels will try to "cheat" in the upcoming round of testing. <br />I am confident that Western Fuels will deny that this activity is going on, and I don't know if these actions would <br />have any effect on the testing regime, but I want you to be aware of it. I write to request that you take this information into <br />account in developing a testing protocol in TR -61. I had hoped that something short of treating the Morgan property as a <br />"crime scene" would be in order, but perhaps it is necessary that Western Fuels be directed to preserve all existing <br />stockpiles and soils as is, and that no modifications to same be made pending completion of the testing. Secondly, it may <br />be necessary that DRMS staff select the specific testing sites. Third, it may be necessary that testing go to greater depth <br />where material has been disturbed. Finally, more total samples may be required. Perhaps your soils experts have other <br />ideas as to get truly representative results from the testing. I am copying OSM and NRCS in on this message in the <br />hopes that the parties can cooperatively develop a protocol that takes these concerns into account. <br />Thanks again for your cooperation on this matter. My clients genuinely appreciate the action of the agencies in <br />addressing their concerns. <br />Christopher G. McAnany <br />Dufford, Waldeck, Milburn & Krohn, LLP <br />744 Horizon Court, Suite 300 <br />Grand Junction, CO 81506 <br />mcanany5dwmk.com <br />(970) 248 -5862 - Direct Line <br />(435) 259 -2225 - Moab, Utah <br />(970) 243 -7738 — Facsimile <br />DUFFORD WALDECK, <br />! 1 MILBURN & KROHN LLR <br />k A=fleyS al Law <br />CONFIDENTIALITY NOTICE: This electronic transmission and any accompanying documents contain information <br />belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of <br />the individual or entity to whom this electronic transmission was sent as indicated above. If you are not the intended <br />recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in <br />this transmission is strictly prohibited. If you have received this transmission in error, please call collect at 970 - 241 -5500 <br />and delete this transmission. Thank you. <br />IRS CIRCULAR 230 NOTICE: This electronic mail transmission and any attached documents may contain provisions <br />concerning a federal tax issue or issues. Under recently issued IRS regulations, we must inform you this electronic mail <br />transmission and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for <br />the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service. <br />From: Berry, David [mailto:David.Berry@ state.co.us] <br />Sent: Monday, October 03, 20113:42 PM <br />To: Chris Mcanany <br />Cc: jeff.fugate @state.co.us <br />Subject: FW: Memorandum of Meeting <br />Hello Chris — Here are the meeting notes from last week. DRMS and OSM asked that WFC draft these notes of the <br />meeting. <br />Thanks, <br />David <br />