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one appealed the decision approving PR -5. R. 7331:7 -10. The time to appeal PR- <br />5 to this Court expired in 2000. <br />6. In February 2008, as a result of persistent inquiries made by Jo Ellen <br />Turner, the Natural Resources Conservation Service ( "NRCS ")4 determined that <br />the Morgan property contained prime farmland soil. R. 7308:5 -7, 7325:10 -15. <br />Notwithstanding the 2008 determination, NRCS advised Western Fuels- Colorado <br />that the 1999 soil survey was performed properly. Id. <br />7. As soon as the prime farmland soils determination was made, Western <br />Fuels- Colorado immediately changed its soils handling procedures. DRMS letter <br />to Office of Surface Mining dated April 23, 2010, hereinafter "DRMS letter ", at R. <br />8529, 51h paragraph. Western Fuels - Colorado sought and was granted permission <br />from DRMS, in Technical Revision 57 ( "TR -57 "), to modify the provisions of the <br />existing permit, as directed by NRCS, to treat the Morgan property as prime <br />farmland. R. 7308:7 -11; R. 7318:18 -25; R. 7319:18 -24; R. 7366:2 -18; Proposed <br />Decision and Findings of Compliance, R. 7828, 3d paragraph; DRMS letter, Id. <br />8. The plaintiffs objected to TR -57 but later withdrew their objections. <br />DRMS letter at R. 8525, 3rd paragraph. DRMS approved TR -57 on March 4, 2009, <br />4 NRCS, a unit of the United States Department of Agriculture, has no independent <br />regulatory authority but supplies information to the public and governmental agencies pertaining <br />to technical matters such as the soil science and agronomy issues relevant to this case. Its <br />standards and findings become binding only when adopted by another agency. <br />(00145923 2 } 6 <br />