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process also demands that reasonable procedural accommodations be made were <br />necessary because of unforeseen circumstances, particularly where the evidence is <br />highly relevant and probative of a central issue in the proceeding. Indeed, the <br />Administrative Procedures Act provides that when necessary to ascertain facts <br />affecting substantial rights of a parry, the adjudicatory body can receive evidence not <br />otherwise admissible under rules of evidence if it is sufficiently probative. C.R.S. § <br />24- 4- 105(7). <br />Here, the Boyd and Dearstyne letters were highly probative and should have <br />given pause to DRMS and the Board. Indeed, the objection by counsel for DRMS <br />suggests that the agency was less concerned about fact finding than in defending its <br />position. In relevant part, Mr. Boyd noted that the native Barx topsoil on the Morgan <br />Property is "very agriculturally productive soil because of its chemical and physical <br />properties, primarily: depth greater than or equal to 40 inches; near zero rock fragment <br />percentage; near neutral pH; low salt content; and well draining texture." R. 8446. <br />Further, Mr. Boyd noted that if applicable regulations require soils to be reclaimed to <br />its original condition pre- mining, then "the topsoil replacement material and methods <br />being used and proposed in Permit Revision #6 would not meet soil criteria <br />established for Land Capability Classification IIe, which Barx soil falls into." Id. In <br />26 <br />