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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. Alleged movement of topsoil to bench one stockpile:
<br />Although irrelevant, for the sake of thoroughness in this response WFC obtained the following information concerning
<br />movement of materials on the Morgan property based on WFC's records and after interviewing WFC shift supervisors.
<br />No topsoil on the Morgan property (either A or B lifts) has been moved since August 17, 2011. On and before August 16,
<br />Lift A topsoil was moved to a new, separate Lift A stockpile as DRMS requested as of August 10, 2011, with the exception
<br />of some materials that were mistakenly moved to the existing Lift A stockpile and then re- located to the new Lift A
<br />stockpile, as has already been documented in communications between DRMS and WFC. See, email communication
<br />from Sandy Brown, DRMS, to Chris Kamper, August 10, 2011 ( "At this point in time, the Division requests that the A -lift
<br />topsoil that is currently being salvaged from the Morgan property be stockpiled in a separate stockpile. ") These two Lift
<br />A stockpiles are again depicted on the map contained in TR -61 near the southern border of the Property. No Lift B
<br />topsoil has been moved since August 17, 2011. Since that date, the only materials that have been moved are bench one
<br />materials, which were removed from the pit and placed either on the bench one stockpile or in the Morgan pit.
<br />The precise sequence of movement is as follows based on information provided by Lance Wade:
<br />1. Lift A topsoil haul finished on August 16 dayshift and the lift B haul was started the same shift.
<br />2. Lift B haul continued into August 17 and was completed on August 17, the lift B was very thin and that can be
<br />confirmed in the field.
<br />3. Morgan Bench 1 haul commenced on August 17 and continued on 18, 19, 26, 29, 30, September 7 -9, 26, 27, 30,
<br />October 3 and part of dayshift October 4.
<br />4. "Rocky" Bench 1 was dumped in the Morgan pit in such a manner that it can be covered later by "less rocky"
<br />Morgan Bench 1.
<br />5. Most of the less rocky, higher quality Bench 1 was put on the stockpile.
<br />6. There are still 3 or 4 days of rocky Bench 1 to be excavated on the current Morgan cut and that will all be
<br />dumped on Morgan property as backfill as described in 4 above.
<br />Marcia Talvitie of DRMS conducted an unannounced inspection on Friday, September 30, 2011, witnessed the work that
<br />occurred on that date and may be able to confirm the foregoing at least as to the presence or absence of topsoil on the
<br />bench one stockpile. If not, further inspection of the bench one stockpile could also determine whether any topsoil has
<br />been moved to the stockpile as alleged, and DRMS is certainly welcome to conduct such an inspection in accordance
<br />with its regular procedures if warranted. The pink Lift B or dark red Lift A would be very noticeable on the tan or khaki
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