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to be conducted on the Property. The Comment claims that WFC has engaged in a pattern of "conceal[ing] information <br />from regulators" and intends to "cheat" in the implementation of the sampling and analysis contemplated by TR -61. <br />Based on this "concern," the Comment suggests numerous revisions to TR -61. For purposes of this response, we assume <br />the bench one stockpile referenced in the Comment is the Bench 1 stockpile shown on Map 2.05.4 -6 Morgan Property <br />Topsoil Replacement Plan as of June 2010 contained in PR -06 as approved by the DRMS and the MLRB. <br />Ordinarily, technical comments would be forwarded to WFC's technical consultants (Key Agricultural Services, Inc. <br />( "KeyAg "), Aaron Deloia, certified soil scientist, Professor Bob Dunker of the University of Illinois Crop Sciences and <br />Education Center, and permit engineers Greg Lewicki and Associates) for a response. However, it is good practice going <br />forward to send comments to counsel forresponse, because I can obtain the input of mine staff and technical <br />consultants as needed and act as a central point of contact for the DRMS. Technically meritorious comments will <br />certainly elicit a response from WFC's technical team. In this instance, I prepared this response after speaking with <br />Lance Wade, Mine Manager of the New Horizon Mine, who reviewed mine records, interviewed mine employees, and <br />acquainted me with the results of an unannounced DRMS inspection that took place during what appears to be the <br />relevant time period, to the extent that can be determined. In addition, while we determined that no particular <br />technical expertise was required to respond to the Comment, we are forwarding it to our technical team for further <br />evaluation. <br />Based on the foregoing, WFC's response is as follows. <br />1. Alleged attempt to "influence results" of sampling: <br />First, the Comment misstates the bench one materials to be sampled under TR -61. The bench one stockpile will not be <br />sampled in the SAP as proposed in TR -61. However, Bench One Suitable Subsoils already redistributed in partially <br />reclaimed areas will be sampled. This is because bench one materials from the stockpile, under PR -06 as written, will <br />not be used as topsoil or subsoil on the Morgan property. Rather, those materials are headed for the deeper layers of <br />the pit. <br />As a result, even if it were true that WFC were moving topsoil to the bench one stockpile (which it is not), such action <br />would not "influence the results" of the sampling as the Comment claims because there will be no results from that <br />stockpile to influence. The factual allegations of the Comment, even if true, are therefore irrelevant. For the <br />information of the agencies, and clarification if any is needed, the map attached to TR -61 shows the piles to be sampled <br />— notably, the bench one stockpile does not appear on the map, reflecting accurately that it will not be sampled. <br />Instead, as shown on the map, the two Lift A piles on the southern border of the Property will be sampled, along with <br />the Lift B stockpile to the north, and the mixed topsoil piles to the east. The sampling to be conducted in partially <br />reclaimed areas is described in the KeyAg summary of the SAP under the heading Reclaimed Areas. The description of <br />the bench one stockpile and its use in the reclamation of the Morgan property is described in PR -06 as currently written <br />on page 2.05.4(d)(2) — 33. An excerpt from that description is as follows: <br />A large stockpile of Bench 1 spoil will be created east of the final 3 mining cuts as shown on Map 2.05.4 -6. <br />This stockpile will contain approximately 133,222 cy of Bench 1 spoil which will be used to backfill Zones 3 and <br />4 prior to topsoil placement. This is not required for the NRCS topsoil thicknesses, but this is being done at the <br />request of the landowner. All Bench 1 material excavated on the Morgan property will be returned to the <br />Morgan property. WFC will make every attempt within reason to see that the upper portion of the Bench 1 spoil <br />will have the best quality. An additional stockpile of Bench 1 of 13,260 cy will be used to reclaim Pond 011, <br />when it is allowed by the Division. <br />Further description of the use of the bench one stockpile is shown on Map 2.05.4 -6, Morgan Property Topsoil <br />Replacement Plan as of June 2010. As is clear from the above excerpt and the map, the bench one stockpile materials <br />will not be used as either subsoil or topsoil. Instead, in Zones 3 and 4, the original B lift will be used as subsoil. Mixed <br />topsoil is currently proposed for use as topsoil in Zone 3, and original Lift A topsoil is currently proposed for use as <br />topsoil in Zone 4. <br />2 <br />