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December 9, 2010. <br />The Morgans filed a judicial appeal of the Board's decision in Montrose County District Court. <br />The Morgans also submitted a number of citizen complaints, beginning in April 2010, about the <br />mine's operation and reclamation plans for prime farmlands to the Office of Surface Mining <br />(OSM). These complaints resulted in the OSM's issuing a series of seven Ten -Day Notices <br />(TDN's) to the Division between April 2010 and May 2011. While some aspects of the TDN's <br />were later terminated by the OSM, the majority of the issues remain unresolved as of this <br />writing, and were connected to the OSM's review of PR -6. <br />On August 1, 2011, the OSM issued three Technical Compliance Evaluations regarding changes <br />to the permit that were approved under PR -6. The evaluations reviewed: 1) Prime Farmland <br />Reclamation, Soil Salvage and Redistribution, Graded Spoil and Soil Sampling for the Morgan <br />Property; 2) Prime Farmland and Yield for the Morgan Property; and 3) Approximate Original <br />Contour (AOC) for the Morgan Property. <br />The evaluation determined that soils and overburden data were "insufficient to reasonably <br />conclude that the prime farmland reclamation plans therein have been prepared to be in <br />accordance with the state program performance standards." This conclusion led the OSM to <br />determine that a field investigation was necessary, and that "additional soils sampling must be <br />conducted, along with subsequent appropriate analysis, to determine if an adequate volume of <br />suitable soil material exists and can be handled in a practical manner to complete reclamation of <br />the prime farmlands as required under the Colorado regulations." <br />In an August 8, 2011 letter, the Division transmitted the OSM evaluations to WFC and <br />communicated the expectation that the required soil sampling and analysis would be <br />accomplished. This work was to be conducted under the direction and supervision of a <br />professional soil scientist, and developed in collaboration with the Division, the OSM, and the <br />NRCS State Soil Survey office. This Soil Sampling and Analysis Plan (SAP) was developed and <br />submitted to the Division as an application for TR -61 on September 30, 2011. Following the <br />adequacy review process, in which all of the agencies participated, the Division issued its <br />proposed decision to approve TR -61 on November 4, 2011. Public notice was published in the <br />November 10, 2011 edition of the San Miguel Basin Forum, and on November 15, 2011, the <br />Morgans objected to the proposed decision and requested a hearing before the Mined Land <br />Reclamation Board. On November 21, 2011, partial approval of the soil sampling portion of TR- <br />61 was issued by the Division, and the request for a hearing was withdrawn the same day. <br />Sampling of the soils on the Morgan property occurred in two separate efforts. On November <br />22, 2011, five test pits were dug in areas that had not yet been disturbed by mining. Sampling of <br />the various topsoil stockpiles and redistributed soil and subsoil was conducted on December 12, <br />13 and 14, 2011. Modifications to the approved Soil SAP that were made in the field were <br />formally incorporated into the permit with TR -62. The TR -62 application was received on <br />February 15 and deemed complete on February 23, 2012. An adequacy review was issued on <br />March 28, 2012, and the Division issued its proposed decision to approve the application on <br />April 4, 2012. No objections or requests for a hearing were received following the April 12 <br />public notice, and TR -62 was issued on April 24, 2012. <br />71 <br />