Laserfiche WebLink
Arbitrary, capricious, or an abuse of discretion generally means, with respect to an RA response <br />to a TDN, that the RA has acted— <br />(1) hrrationally in that the RA's interpretation of its program is inconsistent with the terms <br />of the approved program or any prior RA interpretation recognized by the Secretary of <br />the Interior; <br />(2) Without adhering to correct procedures; <br />(3) Inconsistent with applicable law; or <br />(4) Without a rational basis after proper evaluation of relevant criteria. <br />FINDING and CONCLUSION <br />Your supplemental response states that you now hold corporate surety bonds sufficient to cover <br />all calculated reclamation liability amounts for the five identified Peabody mines located in <br />Colorado. Because this reclamation liability is no longer assured through self -bond, no violation <br />of self -bond qualification criteria may exist. OSMRE has determined, pursuant to 30 CFR <br />842.1 l(b)(1)(ii)(13)(4), that you have shown good cause for not taking enforcement or other <br />action within ten days to cause the identified potential violations to be corrected because the <br />alleged violations do not exist under your approved regulatory program. This determination <br />applies to each of the five TDNs: #X16-140-182-001, #X16-140-182-002, #X16-140-182-003, <br />#X16-140-182-004, and #X16-140-182-005. No further action is required under these TDNs. <br />If you have any questions regarding this matter, please contact me at (307) 261-6545. <br />Sincerely, <br />NO / <br />Alan Boehms, Denver Field Branch Manager <br />Denver Field Division <br />