2013-05-23_GENERAL DOCUMENTS - C1981008

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JoEllen Turner 970- 864 -7682 p.4 c) dismissal of the Water Case as provided in the stipulation attached as Exhibit 2. 5. Permit Modifications, The Morgans have filed an objection to Mining Permit Revision Number 7 ( "PR7" ), which is now pending before DRMS. To implement this Agreement the parties agree that PR7, as submitted, shall be promptly withdrawn and amended to contain terms which conform to the terms of his Agreement. The parties agree to jointly support the approval by DRMS of an amended PR7 conforming to this Agreement. a. WIC will not seek to modify, and will oppose efforts by others (including DRUMS), to change the terms of the Mining Permit, or any revisions or amendments hereto, in any way that contravenes or impairs the effectiveness of Ole terms of this Agreement without the advance written consent of the Morgans. All parties shall be authorized to object or otherwise contest permit amendments or other administrative actions which are reasonably believed to impair or contravene this Agreement. b. The Morgans agree that they will not oppose or object to pen-nit applications ch do notoaff affect the Morgan sought Morgan property or otherwise t nun contrary to to release) ts Ag eement wlu C. WFC agrees to confer with the Morgans in writing not less than seven (7) days prior to invoking any administrative action pertaining to or affecting reclamation on the Morgan Property. 6. Reclamation Obli actors. In addition to all other obligations which may be required pursuant to cite Colorado SCMRA, its regulations, DRMS permit provisions and/or orders, and other applicable law, the parties agree as follows as to reclamation activities on the Morgan Property: a. nd reclaimed to a standard All of the Morgan Property will be designated amit which will per a p�st.mining 1ant(.u5G of irrigated cropland — including the cultivation of alfalfa and corn. b. The parties agree that prime farmland soils, as defined by DRIv1S regulations, are native to not less than eighty seven (97) acres of he Morgan Property. Eighty seven (87) acres of the Morgan Property shall be reclaimed as prime farmland and be subject to prune farmland reclamation standards tinder SCMRA. The areas to be reclaimed as prime farnland are as depicted in Exhibit 3, attached. c. I he 1.9 acre "blast area" inlillediately north of the Morgan residence shall be designated as a reference area for purposes of comparing crop production and reclamation on all of the disturbed portions of the Morgan Property to pre - mining conditions. Farming plans developed by WFC shall assure that the reference area is managed identically to the disturbed areas of the Morgan Property.