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formally issued on October 8, 2009. <br />17. PR -6 was submitted on November 12, 2009, proposing clarifications associated with post - <br />mining land uses, sediment control issues, final post - mining contours, and the inclusion of a <br />prime farmland crop yield standard to be met. PR -6 was deemed complete on November 23, <br />2009. DRMS issued an adequacy letter on January 22, 2010, and a follow -up adequacy <br />letter on April 6, 2010. WFC subsequently requested, and DRMS granted, an extension of <br />the decision deadline from April 19, 2010 to June 18, 2010. Although PR -6 has since been <br />approved by DBMS, it was not in effect at the time the TDN was issued. <br />18. Your March 23, 2010, complaint alleged problems with DRMS's prime farmland, <br />determination, on- the - ground concerns regarding soil salvage and redistribution, and that <br />procedural regulations for permit revisions and the permitting process were not followed for <br />the Morgan property. <br />19. On May 18, 2010, after DFD had issued its May 5, 2010, decision finding that DRMS had <br />shown "good cause" in response to the TDN and you requested informal review of that <br />decision on May 6, 2010, DRMS sent letters to WFC, with copies to you, the Morgans, and <br />0 S stating: "Our initial response to the 0 S Ten Day Notice (TDN) ... (dated April 23, <br />20 10) indicated that the WFC New Horizon Mine is not in violation of the Permit ... because <br />ground operations are being conducted in compliance with the permit. The DRMS response <br />referenced previous permitting actions. Further DRMS review of the written record <br />associated with the New Horizon Mine permit indicates `serious defects in the permit and <br />may cause DRMS to reassess. this position." This letter continues "...although PR05 did <br />require comprehensive soil salvage practices. These soil salvage practices were changed and <br />substantially weakened with Minor Revisions Numbers 51 and 57 (MR51 and MR57, <br />respectively)." The letter goes on to direct WFC to work with the Morgan property <br />landowners to address unresolved issues that involve both regulatory compliance and <br />landowner coordination. DRMS also advised that it may be required to pursue enforcement <br />procedures against WFC if the permitting defects have resulted in performance standard - <br />related noncompliance. and/or if the pending permit matters are not resolved by the June 17, <br />2010, deadline for the then- pending decision on PR -6. <br />As a clarification to the language cited above from DRMS's May 18, 2010, letter, discussing <br />the substantial weakening of the soil salvage requirements within the permit via the States <br />approval of the MR -51 and MR -57 revision applications, it should be noted that these <br />permitting actions resulted in the following modifications: <br />a) DRMS's 2001 approval of the MR -51 permit revision application allowed the first <br />lift soil salvage depth approved in PR -05 to be reduced from 1.14 feet (13.7 inches of <br />A horizon materials), to 0.83 feet (9.9 inches of A horizon materials), and for the <br />second lift soil salvage to be reduced from 2.26 feet (27.1 inches of lower -A horizon <br />and upper -B horizon materials) to 1.0 foot (12 inches) of materials that could <br />possibly be subsoil but was not otherwise clearly identified in the permit revision <br />application, according to an internal memo developed by the DRMS2. <br />2 DRMS Internal Memo titled "New Horizon Mine, Permit No. C- 1981- 008 ", dated April 15, 2010, <br />5 <br />