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<br /> <br />2 <br />This TDN was issued contrary to OSM policy, as discussed in OSM's Directive INE-26. <br />Directive INE-26 indicates the procedure which OSM inspectors are to follow when <br />potential AOC violations are suspected. Section 3.b. of INE-26 reads, . <br />"Before concluding that any AOC violation has occurred (emphasis added) and <br />reshaping of already reclaimed areas is required, evaluations to determine whether <br />AOC has been achieved shall be conducted in accordance with the considerations <br />and procedures below. Site-specific cases where AOC is difficult to assess within the <br />context of Wese procedures shall be resolved through consultation with the <br />regulatory authority and the appropriate Assistant Director for Field Operations <br />(emphasis added):' <br />INE-26 goes on to state that "considerable deference" should be given to State decisions <br />regarding AOC, in light of the necessarily subjective element of AOC determinations. <br />Finally, the policy directive indicates that unless principles related to general surface <br />configuration, drainage, or highwall and spoil piles "have been clearly violated", acceptance <br />of reclamation plans by the State should stand. DMG does not believe any of these <br />principles, as they pertain to Colorado regulations, have been clearly violated. <br />DMG would be happy to consult with OSM to discuss the Coal Ridge reclamation plan. <br />We do not believe enforcement action by the State is appropriate, since the operator <br />reclaimed the portion of the mine cited in the TDN in accordance with the approved <br />reclamation plan. We also believe the consultation process outlined in OSM policy directive <br />INE-26 is the appropriate mechanism by which to address differences of opinion about AOC <br />on reclaimed sites. Additional information regarding the technical and regulatory aspects <br />of the reclamation plan and the existing reclamation, could be reviewed in that process. <br />In summary, the Coal Ridge reclamation plan was approved by DMG in accordance with <br />the provisions of the Colorado program. The TDN was issued contrary to written OSM <br />oversight polity. Furthermore, it is likely that most, if not all of the concerns cited in the <br />TDN may be resolved by measures which DMG is requving the operator to take in order <br />to address the deficiencies upon which our decision to deny bond release were based. We <br />encourage you to withdraw TDN 95-020-179-003 so these matters can be discussed and <br />resolved in a constructive manner, and in accordance with OSM's written policy directives. <br />