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WFC. Her comments do not appear to raise any "live" controversies of <br />significance that have not already been settled, and to the extent they do WFC <br />will continue to work with the Morgan family to resolve them. <br />Although Ms. Turner correctly identified a deficiency in the prior permit process <br />for these lands, and in that sense contributed to an improvement in the final <br />reclamation plan, her tendency to engage in personal attacks on WFC and <br />DRMS employees and to make reckless, inflammatory statements has made the <br />process of landowner coordination and consent with the Morgan family much <br />more difficult than is usual or necessary. In addition, recently, Ms. Turner has <br />declined to execute written agreements between WFC and the Morgan family in <br />spite of being their attorney-in-fact (see Attachment 3), and has declined to make <br />herself available for face-to-face meetings with WFC representatives (see <br />Attachments 4 and 6). Nevertheless, WFC will continue to try and reach <br />agreement on any outstanding unresolved issues with the Morgan family. <br />For the sake of completeness, and as required by DRMS, WFC responds in the <br />attached document to each of the points raised by Ms. Turner in her two <br />comment letters of June 4, 2010. See, Attachment 1 hereto (containing Ms. <br />Turner's comments and WFC's responses). The primary recurring theme of Ms. <br />Turner's comments is that WFC is in violation of numerous applicable laws and <br />regulations due to the misclassification of soils in the 1998 soil survey relied upon <br />by WFC and by DRMS in reaching its negative determination as to the presence <br />of Prime Farmland Soils on the Morgan Property. That error was corrected in <br />2008, and since that time WFC has been treating the Morgan Property as Prime <br />Farmland including the use of Prime Farmland Soils salvage techniques, and has <br />reached the above-listed agreements with the Morgan family. The United States <br />Department of Interior, Office of Surface Mining has reviewed the history of this <br />soil classification process and has found that no applicable laws, rules or <br />requirements were violated, although the permit process was deficient in some <br />respects. See, interim response letter from Allen D. Klein, Director, Western <br />Region OSM, to JoEllen Turner, dated June 9, 2010 (Attachment 8 hereto). Ms. <br />Turner's comments are inconsistent with not only the ultimate conclusion OSM <br />reached, but also the factual and legal analysis of the OSM interim response <br />letter. While WFC has only had access to the OSM interim response for a short <br />time and has not reviewed it in detail, WFC generally agrees with the OSM <br />analysis. <br />In responding to Ms. Turner's comments, WFC will not respond to comments in <br />the nature of personal attacks on its employees (or employees of DRMS) or other <br />comments that are inflammatory, contain profanity, or are irrelevant to PR 06. <br />For reference, Ms. Turner's comment letters are attached as Attachments 9 and <br />10, respectively, to this letter.