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"prime farmlands" when the permit was first issued for those areas in 2000. <br />Immediately after the 2008 determination, Western Fuels- Colorado changed its <br />soils handling procedures to conform to the regulatory requirements for prime <br />farmlands. The new procedures were approved by the Division of Reclamation <br />Mining and Safety ( "DRMS ") on March 4, 2009, after the plaintiffs expressly <br />withdrew their objections to the approval. The approval then became an order of <br />the Board by operation of law. C.R.S. § 34 -33- 119(6); 2 CCR 407 -2, Rule <br />2.07(3)(c). PR -6 is a refinement of the reclamation plan approved in 2009 but does <br />not fundamentally change its requirements. <br />Plaintiffs Frank and Mary Lou Morgan (the "senior Morgans ") own the land <br />which was designated as prime farmland in 2008. Plaintiffs Mike Morgan and <br />JoEllen Turner are related to the senior Morgans, and farmed the land in question <br />prior to mining. Plaintiffs make the following objections to MLRB's approval of <br />a. <br />• The Board's action was contrary to law because Western Fuels - Colorado <br />was purportedly in violation of the Colorado Coal Program as a result of <br />its soils handling practices on the Morgan property before it was <br />determined that prime farmland soils existed on the Morgan property. <br />• It was unlawful for MLRB to approve certain material for use as subsoil <br />on 20 acres because it will not be as productive as the material present <br />before mining. <br />(00145923 2 ), 2 <br />