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3. At that point, the 10 -year period required under the Colorado Coal Program for <br />reclamation of the Property will begin. Reclamation therefore may not be complete until the <br />year 2022 or later. <br />4. Current conditions on the Property are accurately described in the report attached <br />as Exhibit 3, prepared by DRMS after a February 29, 2012 aerial inspection. <br />5. No topsoil has been redistributed on the Property except as described in Exhibit 2, <br />but rather is in the topsoil stockpiles depicted in Exhibit 3, pages 10 — 12, Photos 5 — 7. <br />Redistribution has started on some areas of the Property (but is not complete) and has not yet <br />commenced on the remaining majority of the acreage. <br />II. The Citizen Complaint and Administrative Response <br />6. On March 29, 2010, plaintiffs acting through JoEllen Turner filed a Notice of <br />Civil Suit with the Division, a true and correct copy of which is attached hereto as Exhibit 4. <br />7. Contemporaneously, plaintiffs filed the complaint letter attached as Exhibit 5, <br />pages 9 to 13 with the federal Office of Surface Mining ( "OSM "). <br />8. In Exhibits 4 and 5, plaintiffs argued inter alia that WFC's Prime Farmlands <br />investigation and pre -2008 topsoil management practices violated the Colorado Coal Program. <br />For example, plaintiffs alleged: <br />This farm has been historically cropped and irrigated since that time and has made <br />all of our living. It is and was and has always been PRIME FARMLAND.... <br />AND no Prime soils should have EVER been removed from the property AND <br />the operator cannot enter that property until all of the rules and regulations <br />governing prime farmland have been met.... They told us continuously that the <br />soils survey revealed that it was not prime even though, it contained prime soils <br />and was the best in the country. They said it had to meet certain criteria and the <br />soil survey indicated that it was not prime. ALL LIES.... The prime soils were <br />NOT segregated nor were they left on our property, so OUR prime topsoil is <br />GONE. <br />3 <br />