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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 />ckamaer @cksmb.com <br />If you are 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 fmailto:David.Berry@state.co.usl <br />Sent: Tuesday, October 04, 2011 2:52 PM <br />To: Chris Kamper <br />Cc: Chris Mcanany; jeff.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 />The issues related to the forthcoming sampling plan are under review by the agencies with the TR -61 application <br />process. Any technical adequacy deficiencies specific to the forthcoming sampling program will be addressed during the <br />TR review process. <br />Thank you, <br />David Berry <br />From: Chris Mcanany [mailto:mcanany @dwmk.coml <br />Sent: Tuesday, October 04, 2011 10:15 AM <br />To: Berry, David; 'kwalker @osmre.gov'; 'steve.park @co.usda.gov' <br />Cc: 'Joellen Turner'; 'Retrum, John'; 'Jeff Fugate' <br />Subject: Western Fuels Colorado, LLC <br />David: <br />5 <br />I write to alert you to a concern expressed by my clients following receipt of TR -61, the proposal for additional soil <br />sampling on the Morgan property. Ms. Turner and Mr. Morgan report that they have recently witnessed Western Fuels <br />personnel moving top soil and emplacing same on the surface of the "bench one" stockpiles on the Morgan property. <br />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. 1 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 />