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Dave Berry <br />November 17, 2011 <br />Page 2 of 2 <br />C S M B <br />L A W Y E R S <br />shutdown of the mine, suspension of employment of all mine workers, and enormous financial <br />consequences to WFC and its affiliates. <br />WFC requests that in the event for any reason there is a hearing before the MLRB, that the <br />sampling and subsequent removal of topsoil be allowed to continue as scheduled, as there is no <br />current objection to the sampling plan that was proposed in TR61, nor would sampling activities <br />have any effect on any evidence that is likely to be presented at any such hearing. WFC notes <br />that as well as altering its mine plan, it went to considerable effort to coordinate the schedules of <br />three governmental agencies in setting the sampling schedule, requiring some of these officials to <br />rearrange their schedules in order to be present. <br />WFC is expressly relying upon DRMS's interpretation of the applicable regulations in agreeing <br />to inclusion of the requested language within TR61. WFC is also reserving all of its rights to <br />respond in any appropriate fashion to any objection by any permit objector or agency including <br />DRMS, NRCS, or OSM pertaining to either PR06 or TR61. <br />WFC is aware that, in spite of the assurances given in the letter, Ms. Turner and the Morgan <br />family in fact requested a hearing before the MLRB by fax dated November 14, 2011. WFC will <br />oppose such a request. However, WFC also understands that DRMS is attempting to work with <br />Mr. McAnany to clarify the intent of the request in light of the correspondence from counsel <br />cited above. WFC's agreement to the inclusion of the requested language is also contingent <br />upon the withdrawal of the November 14, 2011 request for a hearing, immediately and without <br />further condition. <br />WFC also understands that further documentation of this agreement may be necessary, in the <br />form of a stipulation or otherwise, and is open to considering any further reasonable means to <br />document the statement requested by objectors. <br />This correspondence may be included in the file pertaining to TR61 and shared with any of the <br />relevant agencies or permit objectors. A copy is being provided directly via email to counsel for <br />the DRMS and the objectors. <br />Best regards, <br />/s/ Christopher Kamper <br />cc by email: <br />Lance Wade, Mine Manager <br />Jeff Fugate, Colorado Attorney General <br />Chris McAnany, counsel to permit objectors <br />