Laserfiche WebLink
From: Berry, David <br />Sent: Wednesday, October 05, 2011 12:18 PM <br />To: Brown, Sandy; Talvitie, Marcia <br />Subject: FW: Western Fuels Colorado, LLC <br />Hello Sandy and Marcia — Please review the response provided below, and let me know of any factual observations from <br />your perspective. <br />Thanks, <br />David <br />From: Chris Kamper [mailto:CKamper @cksmb.com] <br />Sent: Wednesday, October 05, 2011 11:16 AM <br />To: Berry, David <br />Cc: Chris Mcanany; jeff.fugate @state.co.us; kwalker @osmre.gov; Lance Wade (rlwade @wfcnucla.org) <br />Subject: RE: Western Fuels Colorado, LLC <br />David, <br />Per your request, this email will respond to the comment set forth in the email below (the "Comment ") concerning TR- <br />61, which Western Fuels — Colorado LLC ( "WFC ") submitted on September 30, 2011. The Commenter, Chris McAnany, is <br />an attorney who represents Frank Morgan, Mary Lou Morgan, Mike Morgan, and JoEllen Turner. TR -61 contains a <br />sampling and analysis plan ( "SAP ") requested by DRMS on August 8, 2011. Though this response is directed to DRMS, I <br />am copying OSM and the Commenter because both were copies on your request to me. I am also copying Lance Wade <br />on this communication. <br />As stated by the Commenter below, the substance of the Comment is that WFC has allegedly been moving topsoil to the <br />"bench one stockpile" on the Morgan property, with the alleged purpose of trying "to influence the results" of sampling <br />to be conducted on the Property. The Comment claims that WFC has engaged in a pattern of "conceal[ing] information <br />from regulators" and intends to "cheat" in the implementation of the sampling and analysis contemplated by TR -61. <br />Based on this "concern," the Comment suggests numerous revisions to TR -61. For purposes of this response, we assume <br />the bench one stockpile referenced in the Comment is the Bench 1 stockpile shown on Map 2.05.4 -6 Morgan Property <br />Topsoil Replacement Plan as of June 2010 contained in PR -06 as approved by the DRMS and the MLRB. <br />Ordinarily, technical comments would be forwarded to WFC's technical consultants (Key Agricultural Services, Inc. <br />( "KeyAg "), Aaron DeJoia, certified soil scientist, Professor Bob Dunker of the University of Illinois Crop Sciences and <br />Education Center, and permit engineers Greg Lewicki and Associates) for a response. However, it is good practice going <br />forward to send comments to counsel for response, because I can obtain the input of mine staff and technical <br />consultants as needed and act as a central point of contact for the DRMS. Technically meritorious comments will <br />certainly elicit a response from WFC's technical team. In this instance, I prepared this response after speaking with <br />Lance Wade, Mine Manager of the New Horizon Mine, who reviewed mine records, interviewed mine employees, and <br />acquainted me with the results of an unannounced DRMS inspection that took place during what appears to be the <br />relevant time period, to the extent that can be determined. In addition, while we determined that no particular <br />technical expertise was required to respond to the Comment, we are forwarding it to our technical team for further <br />evaluation. <br />Based on the foregoing, WFC's response is as follows. <br />1. Alleged attempt to "influence results" of sampling: <br />2 <br />