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depth to that which existed pre- mining, again also in violation of Section 120 of <br />SCMRA and its regulations. <br />In the course of the review of PR6 DRMS represented to the Board that <br />WFC was not in violation of SCMRA. R. 7834. This legal conclusion is palpably <br />wrong and invalid, for the reasons set forth above. Because PR6 was approved on <br />this legally incorrect predicate, the revision is invalid and unlawful. <br />2. THE BENCH ONE SOIL IS NOT EQUIVALENT IN QUALITY TO <br />THE BARX SOIL. <br />An operator mining pursuant to a permit encompassing prime farmlands is <br />required to show that soil productivity will be returned to equivalent levels of yield <br />as non -mined land of same soil type in the surrounding area under equivalent <br />management practices. Rule 2.06.6(2)(h). Overburden may be used as a <br />supplemental topsoil, but only if the replacement is "equal to or more suitable" for <br />vegetation than is the available topsoil. Rule. 4.06.2(4)(a). This determination is <br />based on the results of chemical and physical comparisons of the soils —and may <br />require greenhouse comparisons of soil materials. Rule. 4.06.2(4)(a)(i); Rule <br />4.2 5.3 (2) (requiring demonstration that B and C horizons are more favorable to <br />plant growth). These requirements track with the general policy in SCMRA that <br />23 <br />