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d F <br />Berry, David <br />From: Brown, Sandy <br />Sent: Wednesday, October 05, 2011 1:24 PM <br />To: Berry, David; Talvitie, Marcia <br />Subject: RE: Western Fuels Colorado, LLC <br />Marcia is out sick today, she may come in later. As noted in C. Kamper's response below, the time frame in which these <br />alleged activities took place is not clear. Knowing the dates would help us determine what activities Ms. Turner and Mr. <br />Morgan observed. I don't know if Marcia observed any topsoil removal operations on the Morgan property last week. <br />Chris is correct and as Marcia noted yesterday, the Bench 1 pile is not included in the sampling plan. Bench 1 material is <br />being stockpiled at the Morgan's request that all Bench 1 material from their land be returned to their land. For all <br />future reclamation, excluding the eastern — 20 acres that have already been backfilled /topsoiled /seeded, the Bench 1 <br />will be the upper overburden material that will be covered with at least 4 feet of some combination of mixed topsoil, Lift <br />B and Lift A topsoil. <br />From my preliminary review, the plan as presented in TR61 is what we discussed in our meeting. It is a scientifically valid <br />approach for sampling the topsoil. I will rely on the technical experts from NRCS and OSM for their technical comments. <br />Marcia has done a review and identified several 'wording inconsistencies' and other issues. We will send out an <br />adequacy review identifying any comments that are provided from DRMS, OSM, NRCS and the Morgan's, if they pertain <br />to a scientifically valid sampling plan. <br />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 />1 <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 />