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Colorado Division of Reclamation, Mining & Safety <br />March 7, 2013 <br />Page 5 <br />as prime or non -prime after disturbance, and with an eye towards easing its overall reclamation <br />obligations by reducing the total acreage of prime farmland identified on the Morgan Property. <br />This effort, which comes subsequent to the unlawful disturbance of prime farmland soils, is a <br />misapplication of the regulatory program. <br />7. THE APPLICATION IS UNSOUND ON THE MERITS. <br />The Morgans will defend PR7 on the merits if compelled to do so. The mapping details <br />offered in PR7 and purporting to establish that only 56 acres of the Morgan Property consist of <br />prime soils are rebutted by prior data generated by WFC and incorporated into past permits <br />establishing that over 87 acres of the property consisted of prime soils pre - disturbance. See <br />Exhibit 3, attached. Likewise, the Expert Reports of Dr. Thomas Borch, a soil scientist with <br />Colorado State University, attached as Exhibits 4 and 5, directly rebut a number of the <br />contentions in PR7. If this matter proceeds the Morgans will supplement this filing with <br />additional data addressing these points, as authorized by Rule 2.07.4(2)(a). <br />We are respectfully requesting that the PR7 application be dismissed in its entirety. Further, <br />the Morgans request that costs and attorney fees be assessed against WFC and in their favor, in <br />amounts to be determined, pursuant to Rule 5.03.6 and /or applicable provisions of SCMRA. <br />Enclosures <br />xc: David Berry <br />Jeff Fugate <br />Clients <br />