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II. RECORD FACTS <br />The objections raised by the Morgans in PR6 center on the following points <br />(citations refer to the page numbers in the record provided by DRMS, and will use <br />the designation "R." followed by the page number). <br />DRMS received objections to PR 6 and request for a formal hearing by <br />Michael Morgan and JoEllen Turner and Frank Morgan on or about October 13, <br />and 21, 2010. R. 7802; 7877 -7901; 79085. <br />2. A positive determination of the presence of prime farmland soils on the <br />Morgan Property was made in February, 2008. At that time approximately 51.6 <br />acres of the Morgan Property had already been excavated by WFC. Id. <br />3. The soils identified to be "prime" on the Morgan Property consist of <br />approximately 87 acres of `Barx" soils which have been historically managed as <br />5 Frank and Mary Lou Morgan own the lands affected by this appeal. Michael <br />Morgan and JoEllen Turner live on lands immediately adjacent to the lands <br />affected by PR 6, and they farm the lands encompassed by the permit pursuant to a <br />farm lease with the elder Morgans. All Plaintiffs are or will be injured by <br />violations of SCMRA, and they have standing, see Board of Commissioners of <br />Adams County v. Colorado Dept. of Health and Environment, 218 P.3d 336, 338 <br />(Colo. 2009). Numerous points in the Record document this interest, such that it <br />should not seriously be in dispute. <br />7 <br />