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applicable provisions of the Colorado Surface Coal Mining and Reclamation Act, and <br />regulations implementing same. Surface mining is currently occurring on the Premises leased <br />from the Morgans. <br />11. The Premises have historically been farmed by the Morgans as irrigated cropland. <br />The Morgans have raised corn, alfalfa, and other row crops on the Premises. <br />12. The Premises contain Barx soils, a soil type which, when irrigated, is defined to <br />constitute prime farmland soils under the Colorado Surface Coal Mining and Reclamation Act, <br />implementing regulations, provisions of the National Soil Survey Handbook, and other <br />applicable authorities. <br />13. Commencing on a date or dates unknown, WFC began removing topsoil from the <br />surface of the Morgan Premises incident to its mining activities. This topsoil removal occurred <br />on approximately 51.6 acres of the Premises owned by the Morgans, and totaled approximately <br />190,000 tons of material. <br />14. The presence of Barx soils on the Premises has at all relevant times been known, <br />or should have been known, to WFC. WFC failed to timely notify or consult with <br />representatives of DRMS, the Natural Resource Conservation Service, or other agencies about <br />the presence of prime farmland soils on the Premises prior to commencing mining. <br />15. On information and belief, prior to removing topsoil from the Premises WFC <br />failed to conduct a Prime Farmland Investigation, as required by 2 CCR 407-2 § 2.04.12. <br />16. On information and belief, these failures of consultation and disclosure by WFC <br />prevented agencies having jurisdiction over WFC operations to properly administer surface <br />mining regulations, and resulted in the public and Plaintiffs being deprived of opportunities to <br />understand and participate in administrative proceedings. <br />17. In the course of its topsoil removal activities WFC failed to segregate and <br />properly preserve prime farmland soils from lower horizon soils excavated from the Premises. <br />18. WFC removed prime farmland soils from the Morgan Premises and deposited the <br />soils on other properties in violation of applicable regulations. <br />19. WFC removed prime farmland soils such that the total prime farmland acreage <br />post-mining will be less than that which existed prior to its mining activities. <br />20. The removal of prime farmland soils has or will result in topography which will <br />not be conducive to irrigated cropland.