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Summary <br />The Review Process — Permit Revision Number 8 (PR8) <br />WFC submitted an application for PR 8 on September 26, 2013. The application was deemed <br />complete for purposes of filing on October 4, 2013. <br />The PR 8 includes the following topics: <br />1. The determination of 87 acres of prime farmland on the Morgan property; <br />2. Description of prime farmland reclamation; <br />3. Replacement of the irrigated cropland production standard for reclamation success with a <br />reference area located on the Morgan property; <br />4. Demonstration of the usability of soil from north of BB Road (32,800 cubic yards) for use in <br />the reclamation of Morgan property prime farmland, and the usability of bench 1 material as <br />a subsoil for the Johnson (WFC) property; <br />5. Topsoil redistribution plan for the Morgan property, along with Johnson (WFC), Lloyd <br />(WFC) and Benson properties north of BB Road; and, <br />6. Revegetation plans and success criteria for the irrigated cropland post mine land use. <br />PR 8 also implements the details of the Settlement Agreement dated July 3, 2013 between Frank <br />Morgan, Mary Lou Morgan, Michael Morgan, and JoEllen Turner (collectively: "Morgans ") and <br />Western Fuels Colorado, a Limited Liability Company ( "WFC "). Included with the PR 8 <br />application is a letter dated September 19, 2013, signed by the Morgans expressing their approval of <br />the PR 8 application. <br />Notices of the complete filing dated October 7, 2013 were sent to Tri-State Generation and <br />Transmission Association, Inc., the United Sates Office of Surface Mining Reclamation and <br />Enforcement (OSMRE), the United States Department of Agriculture Natural Resources <br />Conservation Service (MRCS), JoEllen Turner and Michael Morgan, Frank and Mary Lou Morgan, <br />the Montrose County Planning Department, and the Montrose County Board of County <br />Commissioners. The NRCs received a full copy of the PR 8 application with the October 7, 2013 <br />notice letter. A second letter dated November 15, 2013 was sent to the NRCS. A copy of the <br />application was also sent to the OSMRE by Federal Express on December 4, 2013. <br />Newspaper publication of the application notice occurred in the Forum Newspaper, Inc with general <br />circulation in Montrose County on October 31, November 7, November 14 and November 21, <br />2013. Publication was confirmed by an Affidavit of Publication dated December 2, 2013. No public <br />comments, objections, requests for conference or hearing were received. <br />The Division conducted a detailed review of the PR 8 application and found the application contents <br />to comply with all applicable provisions of the Act and Regulations, as indicated in more detail with <br />this document. <br />NRCS consultation initiated with the Division letter of October 7, 2013. On January 10, 2014, the <br />NRCS provided a letter also dated January 10, 2014 expressing the results of the NRCS PR 8 <br />3 <br />