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Berry, David <br />From: Berry, David <br />Sent: Monday, October 03, 2011 2:38 PM <br />To: Brown, Sandy; Talvitie, Marcia <br />Cc: jeff.fugate @state.co.us; (rlwilliamson @osmre.gov); Berry, David; Kenneth Walker <br />(kwalker @osmre.gov) <br />Hi Sandy and Marcia — I just spoke with Chris McAnany (counsel for Ms. Turner and the Morgans) regarding the pending <br />WFC soil sampling TR process. 1 discussed the procedural details of the TR sequence, and I advised him that we are <br />beginning our completeness and technical review. We also discussed the DRMS /OSM /NRCS /WFC meeting of last <br />Wednesday, and I let him know that there was general agreement regarding the required contents of the revision, but <br />that we will now do a detailed review with OSM and NRCS to determine the adequacy of the plan. I indicated that I <br />would send him the meeting notes developed by WFC. <br />He asked if we will have regulatory personnel on site during sampling activities, and I advised him that we plan to have <br />state and federal personnel on site to verify that sampling is done as required by whatever plan is approved. <br />He asked that we convey any technical concerns to him and his client, and I verified that they will receive any adequacy <br />letters when issued. <br />If we do not find it necessary to issue a technical review, then please let me know that we are ready to approve the TR <br />before we issue the proposed decision. I will be sure that we contact McAnany to let him know we are ready to issue, <br />and check for the disposition of any potential comments /objections from Turner /Morgans. <br />I emphasized that we hope to move the plan approval and implementation as quickly as possible, so that the sampling is <br />done before the end of this field season. He was apprised of the comment /objection process, and I asked that to the <br />extent possible, he act as a representative to convey any concerns from Ms. Turner and the Morgans. <br />He asked that we allow access to any discussions that occur in the future, and I indicated that we will endeavor to do so. <br />I also indicated that when a field meeting occurs, we anticipate also meeting with Morgan representatives. I shared my <br />concern that meetings involving WFC mine personnel and Ms. Turner have been contentious, and that we may need to <br />meet with folks separately. Regardless, I verified that we will endeavor to keep Ms. Turner, the Morgans and Mr. <br />McAnany advised as we proceed. <br />Thank you, <br />David <br />1 <br />