2011-10-05_REVISION - C1981008 - Laserfiche WebLink

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2. Alleged movement of topsoil to bench one stockpile: Although irrelevant, for the sake of thoroughness in this response WFC obtained the following information concerning movement of materials on the Morgan property based on WFC's records and after interviewing WFC shift supervisors. No topsoil on the Morgan property (either A or B lifts) has been moved since August 17, 2011. On and before August 16, Lift A topsoil was moved to a new, separate Lift A stockpile as DRMS requested as of August 10, 2011, with the exception of some materials that were mistakenly moved to the existing Lift A stockpile and then re- located to the new Lift A stockpile, as has already been documented in communications between DRMS and WFC. See, email communication from Sandy Brown, DRMS, to Chris Kamper, August 10, 2011 ("At this point in time, the Division requests that the A -lift topsoil that is currently being salvaged from the Morgan property be stockpiled in a separate stockpile. ") These two Lift A stockpiles are again depicted on the map contained in TR -61 near the southern border of the Property. No Lift B topsoil has been moved since August 17, 2011. Since that date, the only materials that have been moved are bench one materials, which were removed from the pit and placed either on the bench one stockpile or in the Morgan pit. The precise sequence of movement is as follows based on information provided by Lance Wade: 1. Lift A topsoil haul finished on August 16 dayshift and the lift B haul was started the same shift. 2. Lift B haul continued into August 17 and was completed on August 17, the lift B was very thin and that can be confirmed in the field. 3. Morgan Bench 1 haul commenced on August 17 and continued on 18, 19, 26, 29, 30, September 7 -9, 26, 27, 30, October 3 and part of dayshift October 4. 4. "Rocky" Bench 1 was dumped in the Morgan pit in such a manner that it can be covered later by "less rocky" Morgan Bench 1. 5. Most of the less rocky, higher quality Bench 1 was put on the stockpile. 6. There are still 3 or 4 days of rocky Bench 1 to be excavated on the current Morgan cut and that will all be dumped on Morgan property as backfill as described in 4 above. Marcia Talvitie of DRMS conducted an unannounced inspection on Friday, September 30, 2011, witnessed the work that occurred on that date and may be able to confirm the foregoing at least as to the presence or absence of topsoil on the bench one stockpile. If not, further inspection of the bench one stockpile could also determine whether any topsoil has been moved to the stockpile as alleged, and DRMS is certainly welcome to conduct such an inspection in accordance with its regular procedures if warranted. The pink Lift B or dark red Lift A would be very noticeable on the tan or khaki Bench 1 if such materials indeed had been moved to that location. Again, they were not moved there and it is nonsensical to suggest that topsoil would be moved to that location in light of the proposed use of those materials, for the reasons explained above. The Comment did not specify any dates when the alleged activity of moving topsoil to the bench one stockpile took place, so further response would be burdensome as well as unnecessary. 3. Alleged concealment of information from regulators: Third, the Comment alleges "personal experience with other instances where Western Fuels employees were told to conceal information from regulators." This comment strikes WFC as being particularly unfair and inappropriate. If the Commenter indeed has specific factual allegations, or better yet evidence, relevant to this assertion then such should be provided and WFC should then have a fair opportunity to respond on the merits. It is not fair or appropriate to ask the company to respond to vague innuendo, nor is it fair or appropriate to allow this innuendo to influence government actors without specific information that permits a reasoned, factual response. We think it sufficient response to this comment to say that the SAP was developed and will be implemented by a highly reputable and certified soil scientist with considerable input from DRMS and the federal agencies, which WFC specifically sought out on its own initiative (the meeting that was held was initially requested, in the first instance, by WFC). The SAP as proposed is technically sound. Thus, the Comment fails to provide any reason to alter the SAP as proposed. However, each specific suggested modification in the Comment (set forth in the second paragraph of the Comment) is addressed below.