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renewal proposed decision was issued on March 25, 2003. <br />In February 2008, a positive determination for the presence of prime farmlands within the permit <br />area was made. This determination applied to 107.96 acres of land owned by the Morgan family <br />south of BB Road and west of 2700 Road) and was based on information provided by the <br />Natural Resource Conservation Service (NRCS) in correspondence dated February 11, 2008. <br />Additional history regarding Prime Farmland Determinations at the New Horizon Mine is <br />provided in Section III. E1 of this document. <br />WFC submitted an application for TR -57 on March 28, 2008, in response to the Division's <br />request to immediately address handling and storage of prime farmland soils found to exist <br />within the permit area. The proposed decision to approve this revision was issued on March 4, <br />2009. The TR -57 application identified prime farmland soils within portions of the New <br />Horizon permit area, revised soil handling practices to conform with prime farmland <br />requirements, and revised the soil salvage and replacement plans to ensure compliance and <br />achievement of reclamation plan objectives. <br />On November 13, 2007, WFC submitted an application for renewal of the permit (RN -5). The <br />Division called the application complete on November 27, 2007, and issued the Preliminary <br />Adequacy Review on January 25, 2008. Due to the concurrent determination that the permit area <br />included prime farmlands, issuance of RN -5 was delayed pending the approval of TR -57 (see <br />preceding paragraph). The Division issued a proposed decision to approve the renewal with <br />Stipulation Nos. 16 and 17 on August 25, 2009. Following the 30 -day public comment period, <br />RN -5 was issued on October 8, 2009, with Stipulation Nos. 16 and 17 attached. <br />Permit Revision No. 6 (PR -6) was submitted in response to Stipulation Nos. 16 and 17 on <br />November 12, 2009. The Division called the application complete for purposes of filing on <br />November 23, 2009. In response to a citizen's request, the Division hosted an informal <br />conference in Nucla, Colorado on February 18, 2010. In accordance with Rule 2.07.4(2)(a), a <br />second period for public comment commenced for 20 days following the meeting date. This <br />comment period extended through March 10, 2010. Numerous comments and objections to PR- <br />6 were received from landowners and citizens. <br />Between January and August 2010, the Division issued a series of five Adequacy Reviews for <br />the PR -6 application. During the adequacy review process, numerous changes were proposed by <br />WFC to resolve the objections and concerns raised during the public comment periods. WFC <br />consulted with landowners during the process and provided the landowners with the company's <br />proposed plans for reclamation. The reclamation plan, including areas of Prime Farmland on the <br />Morgan property, was also prepared in consultation with the National Resources Conservation <br />Service (NRCS). With PR -6, WFC substantially reorganized the permit to eliminate <br />inconsistencies and to clarify the terms of the permit to ensure compliance. <br />The Division issued a proposed decision to approve the PR -6 application on October 1, 2010. <br />Objections by the Morgans to the proposed decision resulted in the matter being heard before the <br />Mined Land Reclamation Board (Board) on November 17, 2010. The Board voted unanimously <br />to uphold the Division's proposed decision, and issued a written Order to that effect on <br />G <br />