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Berry, David <br />From: Lance Wade [rlwade @wfcnucla.org] <br />Sent: Monday, May 03, 2010 9:57 AM <br />To: Berry, David <br />Cc: 'Ross Gubka'; 'Murari Shrestha'; 'Chris Kamper' <br />Subject: RE: JoEllen Turner Allegations <br />Attachments: Permit Books @ Courthouse May 3, 2010 002.jpg; Permit Books @ Courthouse May 3, 2010 <br />001.jpg <br />David, <br />1. 37 loads of Morgan's B zone topsoil were hauled to the B zone stockpile on April 27 to clean up a berm that was <br />made primarily of B zone and a small area of B zone that had not been completely stripped previously. Bench 1 <br />was not excavated and placed on the B zone stockpile, but Bench 1 was excavated and hauled to the uppermost <br />spoil dump on Morgans and to fill some low areas in the Morgan backfill. Marcia Talvitie was here at 1335 on the <br />28th to check on the complaint and, as far as I know, found no irregularities. <br />The complete permit, all seven volumes, is available at the Nucla courthouse annex in accordance with Rule <br />5.02.4. 1 personally checked when the courthouse opened this morning and photographed them. I cannot <br />guarantee that someone has not removed sections of the permit, but I believe the documents to be complete. <br />They are on the shelf next to the Permit Revision 6 binders and photos are attached. The Nucla courthouse <br />annex is the designated location at which the permit is maintained for public access. On advice of counsel <br />JoEllen Turner is not allowed on the mine site. If there is something specific that she believes to be missing from <br />the documents at the courthouse annex, we will be glad to replace it. <br />If you have any other questions, please let me know. <br />R. Lance Wade <br />Mine Manager <br />From: Berry, David [maiIto:David.Berry@state.co.us] <br />Sent: Friday, April 30, 2010 3:21 PM <br />To: Lance Wade <br />Subject: <br />Hello Lance — I request your input on the following issues related to allegations from Ms. Turner. <br />On April 27, 2010, Ms. Turner left me a voice message alleging that operations were occurring that afternoon on <br />the Morgan Property such that Bench 1 materials were being excavated then placed with or on B Lift stockpiled <br />material. Please let me know of WFC's position on this matter. <br />Yesterday, Ms. Turner stated that she is unable to access the complete permitting - related documents for the <br />mine. She acknowledges that active permit revision materials are available at the County building. The issue of <br />public access to mine permitting records is addressed at Rule 5.02.4, and compliance with this rule has been a <br />point of oversight scrutiny in the past. It is my understanding that the mine site is the location at which the <br />complete records are maintained for compliance with Rule 5.02.4. Please let me know if this is correct, and <br />please also let me know if Ms. Turner would be allowed access to those records. <br />Thank you, <br />David Berry <br />Director, Office of Mined Land Reclamation <br />Division of Reclamation, Mining and Safety <br />