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involving two federal agencies, the Office of Surface Mining (OSM), the Natural <br />Resources Conservation Service (MRCS), and the State of Colorado DRMS. <br />The investigation by DRMS centered on the allegation that the Morgan <br />Property is "prime farmland" and contains "prime farmland soils," as those terms <br />are defined under SCMRA and its regulations. Under SCMRA prime farmlands <br />are subject to stringent permitting standards addressing, among other things, pre- <br />mining soil investigations, soil handling practices, and reclamation. These <br />requirements differ from, and are more stringent than, the regulations governing <br />non -prime soils. Prior to 2008, all permitting for the NH2 Mine was predicated on <br />there not being prime farmland soils within the permit area'. The Morgans <br />questioned this and, as a result of consultations between DRMS, NRCS, and WFC, <br />' Soil studies and other documents in the administrative record dating prior to the <br />commencement of mining of the Morgan Property documented the presence of <br />prime farmland soils within the NH2 permit area and the lands owned by the <br />Morgans. See Record, p. 7826, discussing 1988 Peabody Coal baseline soil survey <br />identifying Barx soils as prime. In 1992 Peabody Coal transferred its permit to <br />WFC. Id. The Morgans believe that WFC and DRMS knew or should have <br />known of the presence of these soils; and that tighter permit conditions should have <br />been imposed prior to mining. The Defendants presumably disagree, though all of <br />the permit documents in this appeal concur that the Morgan property contains <br />prime farmland soils. <br />