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5 <br />Berry, David <br />From: Talvitie, Marcia <br />Sent: Tuesday, October 04, 2011 3:58 PM <br />To: Berry, David; Brown, Sandy <br />Subject: RE: Western Fuels Colorado, LLC <br />David and Sandy, <br />Here are my thoughts, upon reviewing the message from Chris McAnany, in particular his statement that Ms. Turner and <br />Mr. Morgan recently witnessed WFC placing topsoil on the surface of Bench 1 stockpiles on the Morgan property. There <br />have frequently been intermittent rocky zones within the in -place Lift B material. Due to the need to avoid excess <br />rock fragments in the redistributed subsoil, rockier materials are separated out, and not placed in the Lift B stockpile. <br />A logical place for this coarse material, other than placing directly as pit backfill, would be into one of the Bench 1 <br />(marked "OB1 ") stockpiles on the Morgan property. The material in these piles will be used to construct the <br />uppermost backfill in the easternmost cut(s) on the Morgan property. The OB1 material is not proposed for use as <br />"Subsoil Substitute ", and is thus not included in the Sampling and Analysis Plan proposed with TR -61. <br />Again, these are just my thoughts - we will see what WFC's explanation is. <br />Marcia <br />From: Berry, David <br />Sent: Tuesday, October 04, 2011 3:07 PM <br />To: Brown, Sandy; Talvitie, Marcia <br />Cc: jeff.fugate @state.co.us; (rlwilliamson @osmre.gov); Kenneth Walker (kwalker @osmre.gov) <br />Subject: FW: Western Fuels Colorado, LLC <br />Hello Sandy and Marcia - I just sent the below message to Kamper, with the attached comments from McAnany. I called <br />Kamper first to let him know that the message is on the way, and that I will appreciate his help in obtaining an objective <br />response from WFC. I also emphasized that Turner and McAnany are seemingly complying with my request that <br />McAnany serve as the representative for Turner /Morgans. <br />Once we receive the response from WFC and /or their counsel regarding the field allegations, I will ask for your <br />observations from any recent field inspections regarding the issues. <br />Please also incorporate the McAnany email and concerns as comments to the TR 61 file and give full consideration to <br />any technical merits associated with the comments and the TR -61 sampling plan proposal. <br />Thank you, <br />David <br />Tg 61 <br />w Fc- <br />From: Berry, David <br />Sent: Tuesday, October 04, 2011 2:52 PM <br />To: Chris Kamper <br />Cc: Chris Mcanany; jeff.fugate @state.co.us; Kenneth Walker (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 />1 <br />