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Morgan Lease Agreement <br />October 25, 2010 <br />Page 2 of 3 <br />1. Request for Pre-Hearing Conference and Appointment of Hearing Officer <br />WFC requests that the Board exercise its discretion under CRS § 24-4-105 to convene a pre- <br />hearing conference and appoint a Hearing Officer. In our view, the entirety of the Objection <br />concerns issues that are either irrelevant to PR-06 approval, or beyond the jurisdiction of the <br />Board, or both. <br />WFC notes that the issues concerning Prime Farmlands were for the most part dealt with in prior <br />permit revisions to which either no objections were received or objections were initially filed but <br />then withdrawn by the objector prior to receiving attention by the Board. Going forward, all <br />reclamation activities on the Morgan property will be conducted to Prime Farmland standard, <br />and the entire property will be reclaimed as irrigated cropland as required by PR-06. WFC <br />questions whether Ms. Turner has standing to object to reclamation of other properties as dry <br />pasture land, given that this land use has been consented to by the landowners in question. <br />We therefore request that the Board appoint a Hearing Officer so that a determination can be <br />made as to what, if any, issues in the Objection require response by the Division or by WFC. <br />WFC is certainly entitled to know, in advance of the hearing, the issues that will considered by <br />the Board, and cannot make this determination from the Objection alone. <br />Whether or not the Board does convene a pre-hearing conference, WFC will supply a detailed <br />response at a later date to the assertions in the Objection that will identify which, if any, issues <br />WFC considers relevant to PR-06. WFC will of course be guided by the Board and the Division <br />as to what issues those agencies deem relevant, and will respond accordingly at the hearing as to <br />any issue they request. <br />2. Response to Request for Issuance of Subpoenas <br />The Objection requests that the Board subpoena several witnesses, including federal officials. <br />While the relevance of their potential testimony is difficult to gauge given the qualities of the <br />Objection letter, WFC opposes these requests unless and until a reasonable explanation is given <br />as to the scope and relevance of the testimony to be sought. <br />3. Response to Request for Change of Venue <br />The Objection also contains a request to change the venue of the hearing to Nucla, Colorado. As <br />WFC understands the procedures required under the coal regulatory program, the hearing <br />concerning the Objection must be convened within 30 days of the receipt thereof by the Division. <br />Therefore, the only permissible hearing date is the already-scheduled Board meeting set for