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and ordering the reclamation of the Morgan Property with equivalent Barx topsoil <br />of a depth, quantity, and quality to that which existed pre- mining; <br />d. Orders determining that the exclusion of the November 16, 2010 NRCS <br />letters from evidence were arbitrary and capricious, and affected the substantial <br />rights of Plaintiffs; <br />e. Orders determining that the topography and irrigation plans for the Morgan <br />Property precluded return to premining land use and productivity, in violation of <br />SCMRA and its regulations; <br />g. The award of reasonable costs and attorney fees pursuant to C.R.S. 34 -33- <br />128(4); and <br />h. such other and further relief as is just. <br />Plaintiffs also request that the Court grant oral argument on this appeal at a date <br />and time convenient to the parties. <br />Respectfully submitted this 29th day of January, 2013. <br />DUFFORD, WALDECK, MILBURN & KROHN, L.L.P. <br />By: /s/ Christopher G. McAnany <br />Christopher G. McAnany, #21962 <br />Attorneys for Plaintiffs <br />31 <br />