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In recent years the elder Morgans leased their farm to Michael Morgan and JoEllen <br />Turner, who live on the property and who have conducted the majority of farming <br />operations. <br />In September, 1998 the elder Morgans leased approximately 115 acres of <br />their farm to WFC for a surface coal mine. WFC operates a surface coal mine <br />known as the New Horizon 2 Mine (NH2), and comprising approximately 827 <br />permit acres. The NI-12 mine operates pursuant to a detailed permitting regime <br />established by SCMRA and administered by DRMS. <br />Mining of the Morgan property commenced in 2004, generally moving from <br />east to west. In the fall of 2007 JoEllen Turner and Michael Morgan observed that <br />WFC was removing stockpiled topsoil from the Morgan Property and placing it on <br />other lands in the vicinity. Believing this to be a violation of the Coal Mining <br />Lease, Frank Morgan and Michael Morgan attempted to confer with the mine <br />manager of WFC in an effort to stop the practice. Those efforts were unsuccessful, <br />and the Morgans began contacting various agencies by telephone to see if the <br />practice was legal. After multiple failed contacts, JoEllen Turner was able to <br />contact DRMS. She filed a complaint which ultimately led to an investigation <br />2 <br />