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bottom of the stockpile in many instances, and the number of sampling locations is intended to be sufficient to <br />characterize the piles. If DRMS determines that a larger number of sites, or a larger number of samples to the full depth <br />of the stockpile, is technically warranted then WFC is happy to consider expanding the plan as proposed in the SAP. <br />Proposed modification 5: "Perhaps your soils experts have other ideas as to get truly representative results from the <br />testing." Indeed they do, and the purpose of the meeting among WFC, DRMS, OSM, and NRCS that took place at WFC's <br />request on September 28, 2011 was precisely to solicit such ideas. To the extent the SAP as submitted does not <br />incorporate those ideas, WFC is happy to make appropriate changes. <br />Proposed modification 6: "I am copying OSM and NRCS in on this message in the hopes that the parties can <br />cooperatively develop a protocol that takes these concerns into account." To the extent this comment calls for <br />cooperation among the Morgan family, the agencies and WFC, this is indeed the process that is already underway, that <br />was partly completed during the September 28 meeting and that will be completed through this comment period. <br />Again, if specific input from the agencies that was made on September 28, 2011 is not included in the SAP as proposed, <br />please let us know. To the extent the Commenter has technically supportable comments to make, WFC is happy to <br />listen to them as well. DRMS can determine whether the concerns expressed in the Comment rise to this standard. <br />5. Conclusion: <br />We do not believe that the Comment supports any justifiable modification of TR61, however that TR in its current form <br />it is simply a proposal and we are happy to listen to concerns raised by any stakeholder, as long as that concern is based <br />on technically sound analysis, whether that be the Morgan family, DRMS, OSM, or NRCS. We do not think it is <br />appropriate to suggest modifications to the SAP based on innuendo or baseless accusations. <br />In closing, we would simply ask that the Commenter and his clients stick to factual information and technically well - <br />founded comments. We do not believe the Comment contains even one well- founded argument for changing the SAP <br />as proposed. <br />Best regards, <br />Chris <br />CHRISTOPHER KAMPER <br />CARVER SCHWARZ MCNAB +BAILEY LLC <br />1600 Stout Street, Suite 1700, Denver CO 80202 <br />direct 303,893.1825 1 main 303.893.1815 1 fax 303.893.1829 <br />ckamoer @cksmb.com <br />If you ore not the intended recipient of this email, please delete it from your system immediately. Use of the <br />information contained in this email by anyone other than the intended recipient is strictly prohibited. <br />From: Berry, David Jmailto :David.Berry(astate.co.usl <br />Sent: Tuesday, October 04, 2011 2:52 PM <br />To: Chris Kamper <br />Cc: Chris Mcanany; ieff.fugate @state.co.us; 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 />5 <br />