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David Barry <br />November 15, 2011 <br />Page 2 <br />We want TR -61 to be clear that its focus is on data gathering, and that determination of any <br />particular remedy or reclamation plan specifics for the Morgan property will be decided in future <br />permit revision proceedings, after all parties are allowed appropriate notice and an opportunity to <br />comment or offer alternatives. We believe this intent is implicit in TR -61 but, out of an <br />abundance of caution, my clients have asked that limiting language be inserted into TR -61 as <br />follows: <br />"Reclamation plans for the Morgan property may be revisited, depending upon the analysis <br />of data from the Soil Sampling and Analysis Plan or other - sources. Modifications to _ <br />reclamation plans will be reviewed by DRMS pursuant to future permit modification <br />procedures." <br />I am copying counsel for WFC in on this letter. I am assuming that this change will not be <br />regarded as controversial, but please advise if there is any objection. Thank you again for your <br />assistance and for your attention to this matter. <br />xc: Chris Kamper <br />Sincerely, <br />istoph-r G. Mc'�A <br />