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4. On May 24, 2010, WFC agreed to reclaim the Morgan property to Prime Farmlands standards <br />and to plant the Morgans' preferred variety of alfalfa on the Property. See, letter attached as <br />Exhibit 10 hereto. On May 25, PR -06 was submitted to the Division with the agreed changes to <br />the post -mine land use with the Morgans. A copy of the PR -06 submittal sections reflecting these <br />changes was delivered to the Morgans shortly after the submittal date. <br />5. On June 16, 2010 WFC agreed to put a replacement water well wherever the Morgan family <br />wants it on their Property (as required by the Lease), and is waiting only for Mike Morgan to <br />designate the family's preferred location. <br />6. On June 16, 2010 WFC representative Lance Wade met face to face with Mike Morgan to <br />discuss several concerns Mr. Morgan had with the reclamation activities, reaching agreement on <br />all issues as documented in the attached letter to Mike Morgan dated June 21, 2010 (attached <br />hereto as Exhibit 11 ). <br />7. As requested by the Morgan Family, WFC agreed thatall excavated Bench 1 overburden from <br />the Morgan Property would be e put back on the Morgan Property following mining. See <br />Exhibit 11 hereto. This is a significant new expense and it was not required by the NRCS but it <br />was nevertheless agreed to. This agreement was contained in the revised PR 06 in Section <br />2.05.4(2)(c) and in Map 2.05.4 — 7. <br />8. On June 24, 2010 presented the DRMS staff's recommendations regarding topsoil redistribution <br />to Mike Morgan in a face -to -face meeting. See, memorandum to file by Ross Gubka dated June <br />24, 2010, attached hereto as Exhibit 12 . WFC also presented these recommendations to the <br />Morgan family in writing on the same date. See letter from Ross Gubka to Mike Morgan and <br />JoEllen Turner dated June 24, 2010, attached hereto as Exhibit 13 . <br />9. WFC agreed to the DRMS request to use NRCS recommendations for seed bed preparation, <br />green manure, alfalfa seeding rate and methodology, fertilization, and crop rotation. WFC <br />received approval of the proposed practices on June 30, 2010, and plans to incorporate them into <br />the reclamation of the Morgan Property (as well as other properties). See, letter from Jim Boyd, <br />NRCS, to Concerned Parties, with attached recommendations, attached hereto as Exhibit 14 . <br />WFC has no reason to believe these DRMS requirements will not be accepted by the Morgan <br />family. <br />10. A new version of PR -06 was submitted to the Division on July 2, 2010, incorporating the DRMS <br />adequacy changes as well as Morgan requests from Item 7 above as well as changes from the <br />NRCS. Again, the pertinent sections were personally delivered to the Morgans for their review. <br />11. During July and early August of 2010, WFC met face -to -face with the Morgan family and their <br />representative, in an effort to comprehensively resolve all disputed issues. Each meeting lasted <br />longer than three hours, and some agreements concerning future reclamation activities were <br />reached. On August 5, 2010, WFC provided the Morgans with a written, formal apology for past <br />errors that had occurred in the permit process and for certain statements made in WFC's permit <br />submissions that the Morgans had deemed offensive. See, Exhibit 15 . <br />12. Most of the changes from the meetings with the Morgans in July of 2010 were incorporated into <br />another revised version of PR -06, which was submitted to DRMS on August. 10, 2010. Some of <br />the new changes in the reclamation plan were questioned by DRMS, which were actually a result <br />