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W FC <br />May 18, <br />2010 <br />Page 3 of 4 <br />• <br />must include a proper success standard. It is our understanding that the landowner does not <br />consent to the use of a reference area on their property, nor is a reference area appropriate at <br />another location, so the use of a correct technical standard is recommended. <br />3. <br />The revised reclamation plan must include a commitment to salvage and replace all available soil <br />and subsoil resources. In accordance with the landowner's direction and prime farmland <br />requirements, DRMS must require that all Morgan Property materials must be salvaged and <br />returned to Morgan Property. <br />4. <br />The reclamation plan must include a detailed material balance assessment of topsoil, subsoils <br />and soil substitute materials already salvaged and stockpiled on Morgan Property. The use of <br />separately salvaged Lift A and Lift B materials must be maximized for both the already disturbed <br />areas and for future operations. <br />5. <br />The material balance and final grading for the Morgan property must be assessed to ensure that <br />final grading will allow the post mining land use of irrigated cropland to be implemented in <br />accordance with the landowners direction. <br />6. <br />All sections of the permit must be reconciled to provide consistent content in compliance with all <br />requirements. <br />7. <br />All pending adequacy issues must be fully and adequately addressed, as supplemented and <br />• <br />modified by this letter. <br />8. All such plans must be coordinated with the landowners. Specific and affirmative documentation <br />of landowner consent must be provided with the PR0S response. <br />9. Given that soils management practices were implemented on Morgan Property without <br />consultation with the landowner, and given that such practices resulted in loss or damage to soils <br />now known to be prime farmland soils, WFC must coordinate directly with the landowner to <br />address and resolve the ongoing complaints and dispute regarding these soils. Affirmative <br />documentation of such resolution must be submitted. <br />Thank you for your immediate attention to these issues. <br />Sincerely, <br />Dav' er <br />ty <br />Director, Office of Mined Land Reclamation <br />CC: At Klein, OSM (w /o enclosures) <br />• Jim Fulton, OSM (w /o enclosures) <br />JoEllen Turner (w /o enclosures) <br />