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DRMS Letter, R. 8524, 3rd & 4" paragraphs. The Record shows that at that time, <br />the Bench 1 material had been placed on 35.2 acres. Id. at R. 8524, 4th paragraph.5 <br />The Bench 1 material was found to be suitable for use as subsoil in the 2008 study <br />that resulted in the Walsh Report. Id.; Walsh Report at R. 2616 -17. <br />On March 28, 2008, Western Fuels - Colorado proposed a technical revision <br />to its permit to document the revised soils handling practices. Id. The revision, <br />called TR -57, proposed the use of the Bench 1 material as subsoil for the locations <br />where it had already been placed as of February 2008. Id. In conformance with <br />the mandated procedure, DRMS published its proposed decision approving TR -57 <br />on March 12, 2009. C.R.S. §34- 33- 119(2). Initially, the plaintiffs objected and, <br />pursuant to C.R.S. §34- 33- 119(4) requested a hearing before MLRB. Id. at R. <br />8525,3 rl paragraph. The hearing, first set for April 2009, was deferred until May; <br />and, following a meeting among the plaintiffs DRMS and Western Fuels- Colorado, <br />the plaintiffs withdrew their objection on April 22, 2009. Id. With no outstanding <br />requests for hearing, TR -57 was deemed approved. C.R.S. §34- 33- 119(6). <br />5 Upon final reclamation, the Bench 1 material will serve as subsoil on approximately 20 <br />acres of land, as shown for Zones 1 and 2 on the Topsoil Replacement Plan in PR -6. R. 5122. <br />Beneath the remaining approximately 15 acres where Bench 1 material had been placed before <br />February 2008, the Bench 1 material will not serve as subsoil due to the placement of a Lift B <br />subsoil layer beneath the topsoil. <br />,00145923 2 ; 23 <br />