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Berry, David <br />From: Talvitie, Marcia <br />Sent: Thursday, October 06, 2011 9:53 AM <br />To: Brown, Sandy; Berry, David <br />Subject: RE: Western Fuels Colorado, LLC <br />Attachments: Shovel.jpg; Stockpiles- 1.jpg; Stockpiles -2.jpg <br />David and Sandy, <br />I've attached three photos from my September 30 inspection, for your review. <br />No topsoil removal or stockpiling operations were occurring during my inspection. The shovel, although being serviced <br />and not in operation at the time, was situated on top of "Bench 2" and positioned to be excavating the Bench 1 "free - <br />dig" material on the Morgan property, as shown in the first photo (looking north). This correlates with the sequence of <br />events (specifically item 3) as listed in No. 2 of Mr. Kamper's Email response. <br />The Lift A, Lift B, and Bench 1 stockpiles are shown in the 2n and 3 photos, looking eastward. There is no evidence, <br />from this vantage point, that light pink- colored Lift B material was deposited on either one of the Bench 1 stockpiles. <br />During the inspection, the opposite (eastern) sides of the Bench 1 stockpiles were also observed, and no Lift B <br />materials were seen on the piles. <br />I made no other observations and have no additional information that would contradict any portion of the response <br />submitted by Mr. Kamper. <br />Marcia <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Durango Fie /d Office <br />691 County Road 233, Suite A-2 <br />Durango, Colorado 81301 <br />Tel: (970) 247 -1184 <br />Fax: (970) 247 -5104 <br />From: Brown, Sandy <br />Sent: Wednesday, October 05, 2011 1:24 PM <br />To: Berry, David; Talvitie, Marcia <br />Subject: RE: Western Fuels Colorado, LLC <br />Marcia is out sick today, she may come in later. As noted in C. Kamper's response below, the time frame in which these <br />alleged activities took place is not clear. Knowing the dates would help us determine what activities Ms. Turner and Mr. <br />Morgan observed. I don't know if Marcia observed any topsoil removal operations on the Morgan property last week. <br />Chris is correct and as Marcia noted yesterday, the Bench 1 pile is not included in the sampling plan. Bench 1 material is <br />being stockpiled at the Morgan's request that all Bench 1 material from their land be returned to their land. For all <br />future reclamation, excluding the eastern — 20 acres that have already been backfilled /topsoiled /seeded, the Bench 1 <br />will be the upper overburden material that will be covered with at least 4 feet of some combination of mixed topsoil, Lift <br />B and Lift A topsoil. <br />From my preliminary review, the plan as presented in TR61 is what we discussed in our meeting. It is a scientifically valid <br />approach for sampling the topsoil. I will rely on the technical experts from NRCS and OSM for their technical comments. <br />Marcia has done a review and identified several 'wording inconsistencies' and other issues. We will send out an <br />adequacy review identifying any comments that are provided from DRMS, OSM, NRCS and the Morgan's, if they pertain <br />to a scientifically valid sampling plan. <br />1 <br />