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Conclusion <br />WFC's discussions with the Morgan family regarding previous soil resource issues have unfortunately <br />come to an impasse. WFC has made every effort to reach a constructive resolution of this dispute, as <br />documented above. Unfortunately, the unreasonable nature of the Morgan demands and the filing of <br />their lawsuit have led WFC to conclude that continued negotiations with the Morgan family would be <br />futile at the present time. In light of WFC's efforts documented above to reach agreement and <br />accommodate the demands of this landowner, and the unreasonable behavior WFC is facing in return, <br />WFC does not believe it is reasonable to require final resolution of the past soil management issues as a <br />precondition of permit revision approval. Rather, WFC believes it has satisfied the applicable regulatory <br />and statutory requirements through the combination of (1) the executed Coal Mining Lease that gives <br />WFC broad rights with regard to mining and reclamation activities on the Morgan Property, (2) WFC's <br />documented good -faith efforts to reach agreement with this landowner concerning the disputes that have <br />arisen concerning those activities, and (3) the unreasonable nature of the demands placed upon it and <br />upon DRMS in return. <br />WFC also considers the Morgan claims concerning past soil resource issues to be a separate issue from <br />the approval of current and future operations to be undertaken pursuant to PR -06. WFC has been <br />successful in reaching agreement with the Morgan family concerning future remediation to be <br />completed on their property, as documented in this submittal and in WFC's July 2, 2010 submittal to <br />DRMS in response to Adequacy Review No. 3. Agreement has been reached regarding all issues <br />pertinent to future activities to be undertaken in order to protect the Morgan family's prime farmland <br />resource. The Morgans state as much in their August 9, 2010 letter in which they state that future <br />mining and reclamation activities are acceptable to them as long as WFC: (1) complies with applicable <br />regulations; and (2) continues to work "to the best of their abilities as they were doing just recently." <br />See, Exhibit 6 page 3 (second to last full paragraph). <br />Regarding past soil management issues, once the DRMS, MLRB, and OSM have had an appropriate <br />opportunity to reach a final decision concerning the Morgan claims concerning past treatment of topsoil <br />on their property, the District Court lawsuit will be the appropriate venue for the parties to litigate and <br />eventually resolve those claims. To the extent mediation or other dispute resolution is required by the <br />Court, WFC will participate in that process as appropriate, or if an opportunity arises in the future to <br />seek a negotiated resolution of the Morgan claims, WFC is open to such a resolution. However, in the <br />current climate WFC has no immediate plans to attempt to negotiate resolution of these past soil <br />resource management issues with the Morgan family. <br />