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Dave Berry <br />June 8, 2011 <br />Page 4 of 5 <br />L A w v S. R 3 <br />Notably, the properties Mr. Wade reviewed include the Morgan family's own lands outside the <br />Permit Area. On these lands the Morgans themselves were, like the other farmers in the area, <br />still irrigating their hay crop indicating that they did not intend cut hay during the month of May, <br />2011. Again, these facts appear inconsistent with the statements in the citizen complaint. <br />Photographs of irrigation activities on the Morgan lands were taken June 3, 2011, and are <br />attached as Exhibit 8 . WFC notes that the Morgans began to remove hay from one portion of <br />their lands adjacent to the Permit Area on June 7, 2011. <br />Relationship of JoEllen Turner to the Revegetation Studv Areas <br />No revegetation studies are being conducted on any lands in which the Morgan family, including <br />Ms. Turner, has any property interest. Rather, the only relationship Ms. Turner has to such lands <br />is that she has historically conducted haying on a contract basis for Mr. Garvey, who has the <br />right to conduct haying operations on lands owned by WFC. Mr. Garvey has not complained <br />either to WFC or the Division about the timing of haying activities on land where he has the right <br />to take hay, and as shown in Exhibit 5, Mr. Garvey does not consider these lands ready to hay <br />yet. <br />Summary of Findings <br />Based on the foregoing, WFC's revegetation studies are having no effect on haying activities <br />within the Permit Area and there is no conflict in the current schedule of the two activities. WFC <br />has based its revegetation study schedule on input from affected landowners, and there appears <br />to be no reason to vary or alter WFC's practice of scheduling the 2011 studies for mid -June. It <br />may also be relevant that in 2010, WFC was informally directed by the Division to conduct <br />revegetation studies after June 15 of that year. <br />Please let me know if you have questions or if WFC can provide the Division with any additional <br />information. <br />Best regards, <br />lsl Christopher Kamper <br />cc: Lance Wade, Mine Manager <br />