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require the restoration of the topsoil "..which is best able to support vegetation;.." <br />C.R.S. §34- 33- 120(2)(f). <br />The sole justification for the use of the Bench One material in the Record is <br />the so- called Walsh Report obtained by WFC which compared the chemical <br />composition of the Bench One material on the Morgan Property to prime farmland <br />characteristics. R. 2615, et seq. The Walsh report did not attempt to compare the <br />Bench One to the native Barx soils (whether A or B lift). The report does not <br />document that any type of greenhouse test was performed. Nowhere does the <br />report state that the Bench One is equal to or better than the topsoil that existed <br />pre- mining. The sole conclusion coming close is the statement that the Bench One <br />"..has characteristics of suitable subsoil for use in reclamation, with the exception <br />of Elevated EC at one or two locations." R. 2618. In its technical review of the <br />Walsh data, OSM concluded that WFC failed to satisfy its burden of proof: <br />"In the absence of a positive demonstration documenting that the Bench 1 <br />overburden materials are reliable for use in restoring the yield potential of <br />the prime farmlands that existed prior to mining in zones 1 and 2 of the <br />Morgan property, OSM's review has determined that the approved use of <br />this substitute is in violation of sections 2.06.6(2)(d), 2.04.9(3), and <br />4.06.2(4)(a), 4.25.3(2) of the Colorado state program regulations." R. 8961 <br />24 <br />