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5. Permit Modifications. The Morgans have filed an objection to Mining Permit <br />Revision Number 7 ( "PR7 "), which WFC has withdrawn and which is no longer pending <br />before DRMS. WFC commits to submit to DRMS, in good faith and in a timely manner, <br />a PR8 application that conforms to the terms of this Agreement. The parties agree to <br />jointly support the approval by DRMS of PR8 strictly conforming to this Agreement. <br />a. WFC will not seek to modify, and will oppose efforts by others, to change <br />the terms of the Mining Permit, or any revisions or amendments thereto, in any way that <br />contravenes or impairs the effectiveness of the terms of this Agreement. By way of <br />example, and not of limitation, WFC will not file with DRMS or otherwise consent to <br />Mining Permit modifications pertaining to the Morgan Property which have the effect of: <br />i) decreasing prime farmland acreage; ii) modifying post - mining land uses to a use other <br />than irrigated cropland; or iii) modifying other reclamation - related provisions to a <br />standard which is less stringent than the terms of this Agreement. If WFC is <br />unsuccessful in obtaining Phase III Bond Release over the Morgan Property, the parties <br />shall confer and consider whether waiver of the requirements of this paragraph is <br />necessary in order to obtain such bond release. <br />b. WFC agrees to confer with the Morgans in writing prior to invoking any <br />administrative action pertaining to or affecting reclamation on the Morgan Property. If <br />the Morgans have any objection to the planned administrative action they will provide to <br />WFC a written objection stating their reasons no later than seven (7) days from receipt of <br />the notice. WFC shall then either: i) withdraw its proposal; or ii) or invoke mediation <br />pursuant to Paragraph 9, below. In the event the parties do not resolve their dispute in <br />mediation, either party may seek those judicial or administrative remedies specified in <br />Paragraph 9. <br />C. The Morgans agree that they will neither oppose or object, nor encourage <br />or assist others to oppose or object, to permit applications or modifications sought by <br />WFC (including applications for bond release), which do not affect the Morgan property <br />or otherwise run contrary to this Agreement. <br />6. Reclamation Obligations. in addition to all other obligations which may be <br />required pursuant to SCMRA, its regulations, DRMS permit provisions and /or orders, <br />and other applicable law, the parties agree as follows as to reclamation activities on the <br />Morgan Property: <br />a. All of the Morgan Property will be designated and reclaimed to a standard <br />which will permit a post mining land use of irrigated cropland— including the cultivation <br />of alfalfa and corn. <br />b. The parties agree that prime farmland soils, as defined by the Natural <br />Resources Conservation Service ( "NRCS ") and DRMS regulations, are native to not less <br />than eighty seven (87) acres of the Morgan Property. Eighty seven (87) acres of the <br />Morgan Property shall be reclaimed as prime farmland and be subject to prime farmland <br />100158657.2 ) 3 <br />