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PR06. If the explanation is not forthcoming at the time of an initial decision, we <br />would request some accommodation to be made (such as an extension of the <br />normal public comment period) so that we have an opportunity to respond on the <br />record. <br />If you conclude, as we do, that the issue of alleged past damage to the Morgan <br />farm is outside of the Division's jurisdiction, then it appears to us that there is no <br />reason why PR06 cannot now be approved. The documentation that DRMS has <br />required, in four rounds of adequacy reviews, has been extraordinary and <br />unprecedented. We wonder if the Division has ever requested such extensive <br />documentation from another coal mine operator in its history. Again, there are no <br />substantial hurdles remaining to be crossed with the Morgans as far as ongoing <br />reclamation of their land is concerned. In fact, in their letter threatening WFC <br />with a lawsuit, the Morgans' only comments concerning future activities on the <br />property were that (1) they want WFC to comply with all applicable laws and <br />regulations and (2) they want WFC to work "to the best of their abilities as they <br />were doing just recently." Letter from JoEllen Turner et al. to Lance Wade and <br />Duane Richards, dated August 9, 2010, page 3 (second-to-last full paragraph). <br />Therefore, in spite of the unreasonable nature of the Morgans' demands for the <br />alleged damage to their land, we feel there is now a path forward that will allow us <br />to complete our remaining activities on the land in full compliance with the <br />Colorado regulatory scheme. WFC will negotiate the resolution of past issues with <br />the Morgan family, or litigate these issues if they insist. But the family's claims <br />for alleged past damage to their property are outside the Division's jurisdiction and <br />therefore do not appear to us to be relevant to the approval of PR06. <br />I therefore request that the Division approve PR06 and, in the alternative, look <br />forward to your response to this correspondence. <br />Very truly yours, <br />R. Lance Wade <br />Mine Manager <br />cc: Duane Richards, WFC <br />Bill Haffner, Tri-State <br />5