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<br />Somerset 5/94 <br />page 3 <br />are no plans to implement any of the postmining land uses stated above for <br />which an AOC waiver may be granted. Also, DMG and SMC were not able to <br />provide the required demonstrations to support an AOC waiver (2.06.5). <br />In light of the above, OSM finds that given the approved postmining land use, <br />and the lack of demonstration by the operator, DMG cannot approve an AOC <br />waiver under the approved Colorado program. <br />OSM is not issuing a TDN at this time because grading operations have not yet <br />started. The portals have been permanently sealed, but the substation removal, <br />concrete foundation removal, and grading operations have not yet started. If <br />reclamation operations were initiated without addressing these concerns, OSM <br />would consider the site to be in violation and take appropriate action. Whereas <br />this site is a Federal lands mine, OSM would be unable to concur with any bond <br />release until these issues are addressed. <br />