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29. When the meeting took place, the Division was reviewing WFC's application for <br />Permit Renewal Number 5 (a "Permit Renewal" is distinct from a "Permit Revision "). The <br />Division delayed its decision on RN -5 while the topsoil management issues could be addressed <br />through a technical, minor revision to the WFC mining permit that was referred to as TR -57. <br />30. RN -5, as proposed, stipulated that WFC was to submit a new Permit Revision <br />application (to be known as PR -06), and, unless it could demonstrate good cause not to do so, <br />WFC was to treat the entire Morgan Property as irrigated cropland. <br />31. The Division issued a provisional approval of RN -5 on August 24, 2009. The <br />Division mailed letters to Ms. Turner and the Morgans informing them of its decision and <br />provided appropriate public notice as required by the Colorado Rules. No objections were <br />received and RN -5 was formally approved on October 8, 2009. <br />32. TR -57 was submitted on March 28, 2008 to identify prime farmland soils within <br />the mine permit area, revise soil handling practices to conform with prime farmland requirements <br />where applicable, and address other revisions to topsoil management plans. TR -57 was <br />approved by the Division on March 4, 2009. <br />33. The Morgans and Ms. Turner initially objected to TR -57, however following a <br />meeting with WFC, they formally withdrew their objections in writing and TR -57 became final <br />on April 22, 2009. <br />34. Contained in TR -57 was the following topsoil reclamation plan for the Morgan <br />Property: for the 56.1 acres that had been stripped as of February 2008 the replacement, as <br />discussed with the NRCS, would be a combined topsoil and subsoil minimum thickness of 48 <br />inches, with approximately 22 inches of mixed Lift A and B material over a minimum of 26 <br />inches of suitable subsoil (using Bench 1 material, as modified and amended to meet regulatory <br />requirements). For all disturbances that took place after February 2008, WFC would begin <br />salvaging and replacing an average of 16 inches of Lift A and 36 inches of mixed Lift B <br />material. <br />35. The current soil reclamation plan for the Property, as approved by the Division in <br />PR -06, contains topsoil reclamation and redistribution requirements that are more stringent and <br />specific than those of TR -57. For example, topsoil and subsoil will average a minimum of 54 <br />inches over the entire property, in excess of applicable requirements. <br />36. WFC submitted its proposal for PR -06 on November 12, 2009. <br />37. During this time frame, the Division had expressed to WFC that it was concerned <br />that water supplies would not be adequate to restore all the mined lands as irrigated cropland. In <br />the case of the Morgan family, pursuant to the terms of the Coal Mining Lease a maximum of 50 <br />shares of Colorado Cooperative Company ( "CCU) ditch water were available for reclamation. <br />38. According to WFC's calculations based on NRCS methodology this amount of <br />water was inadequate to return the Morgan Property to irrigated cropland. Thus, PR -06 was <br />initially proposed to reclaim portions of the Morgan Property as dry pasture land. <br />100026036.1) <br />