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rights of the Morgans. The evidence directly calls into question the validity of the <br />decision. <br />b. PR 6 Fails To Assure Mandated Replacement Soil Depths. <br />Rule 4.25.4(5) requires that A horizon soils be replaced to a depth which <br />will "equal or exceed the thickness of the original soil." B horizon soils must be <br />segregated in sufficient quantities so as to create a "root zone of comparable depth <br />and quality to that which existed in the natural soil" prior to mining. Rule <br />4.25.3(2). Similarly, Rules 4.25.4(4) and 4.25.4(1) require total minimum soil <br />depth of 48 inches, except where uniquely favorable conditions require deeper <br />soils. Thus, soil depth of 48 inches is the minimum, and that depth must include an <br />A lift which equals the original depths. <br />In PR6, despite evidence showing that pre- mining soil depths on the Morgan <br />Property ranged between 53 and 58.6 inches, R. 5344 -5345, the plan achieves its <br />soil restoration obligations by counting as replacement soil the Bench One material <br />(rather than A or B lift) in depths of approximately 33 inches for the eastern parts <br />of the property. R. 5112. Despite highly favorable native soil depths and quality <br />in the Barx soil, the Morgans will not be receiving replacement material of <br />comparable depth or quality. Again, this aspect of the plan is arbitrary and <br />28 <br />