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Ms. Tent' Debin <br />Mr. Tom Japhet <br />November 24, 2010 <br />Page 2 of 9 <br />A. Background: Revision of WFC's Coal Mining Permit <br />WFC has been involved since November of 2009 in a process to obtain a revision of its coal <br />mining permit, file number C- 1981 -008. This permit revision, known as PR -06, was approved <br />by the Colorado Division of Reclamation, Mining, and Safety (the "Division") on October 1, <br />2010. Mr. Boyd and Mr. Dearstyne were both intimately involved not only in the review and <br />approval of PR -06, but also in a prior permit process, a "technical revision" of the same coal <br />mining permit known as TR -57. NRCS was specifically involved in making recommendations <br />to WFC and the Division concerning soil reclamation practices following mining. <br />The Division approved PR -06 relying in significant part upon a letter written by Mr. Boyd dated <br />October 1, 2010 (attached as Exhibit A hereto). That letter states, "I have reviewed the soil <br />reclamation and revegetation practices" described in PR -06, and "I am in support of the practices <br />listed in their detail." Obtaining Mr. Boyd's sign-off on PR -06 was a key step in the process <br />leading to the Division's approval of PR -06. <br />Even though WFC has been in operation for over 18 years and has an exemplary record of <br />compliance with its permit, the Division's approval came after an unusually long and protracted <br />review, which started in December of 2009 and proceeded through 5 detailed "adequacy <br />reviews" before reaching completion nearly a year later. WFC senior management and <br />consultants did little else during this nearly year -long process other than communicate with the <br />Division, the permit objectors, and the various agencies with jurisdiction, specifically including <br />NRCS, in an effort to secure their approval. <br />Notice of the proposed decision to approve PR -06 was published on October 14, 2010, as <br />required by Colorado law. This triggered a 30-day comment period that ended on November 15, <br />2010. <br />Within this period, on October 21, 2010, a landowner represented by JoEllen Turner and Mike <br />Morgan filed an objection to the Division's approval and requested a formal hearing before the <br />Colorado Mined Land Reclamation Board (the "Board"). These objectors are affiliated with <br />Frank Morgan, who owns a property where current mining operations are taking place. <br />The Board granted the request and scheduled the hearing for the Board's regular meeting to take <br />place on November 17, 2010 in Denver, Colorado. Colorado coal program rules require that the <br />Board hold a hearing within 30 days of the receipt of an objection. The Board also appointed a <br />Hearing Officer and held a Pre - Hearing Conference on November 3, 2010. <br />The OSM was represented at both the Pre- Hearing Conference and a previous telephone <br />conference among the Board and the parties, and voiced no objection to any of the proceedings <br />or schedule. At the Pre - Hearing Conference, the Hearing Officer set a deadline for the parties <br />