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CO~OI.IDAiION (.UAL CO. 5 CH 91-6-R regulatory authority on matters of approximate original ooatour. (Joint Exhibit 1, page 60). The wituaea stated Chat before 09M may step into a situation, it must variously consider the fact that the 8tat• and the operator have been involved in a long-term planning prooess. In this case, OSIQ reviewed the original Permit 149, the history of Ditch A-l, the technical data, sad the permitting process. 06M detezmiaed Ditch A-1 had not bean part of the original permit sad had been started be£cre the State had approved it. The Applicant received a violation from IDMM for eeastructing a drainage ditch without prier approval. The witaesr felt that the planning procase betwaea the State and the operator had broken drnm and that the mining operation dictated the reclamation (Tr. 57-65). Oa cross asamiaatioa Saadburg testified that is making the evaluation'that AOC had not beBa achieved by--COaaolidatioa, OSD4 had looked at the western tract of the Radolph property. The former drainage system was 500 feet long nod khe pseeeat one in 3,000 feet long. Ditch A-1 is deeper than the former stream }»cauae of tlae spoil placed oa the western pert of the affected area. The witnaas assumed that part o! the additional material.. oa the Hadolph property was swell (Tr. 66-73, 77-78). The Appiieaat did not violate its ditch design or diversion requirements, but n normal replacement.ditch would carry the maximum velooity, which is this case was 1.6 feet of avatar. The ditch would Lit well with whatever was present before mining (Tr. 81-8Z). Oii re-aroaa the witness stated that, is its initial permit, Consolidation mentioned awali but net thick overburflen. Aerial photographs o! the site show that gpo1l was elevating as the operation Dame want (Tr. 83-88), .. Paul Thomas Behum, physical scientist with OSM'e Saatern Ssrvic• Canter, testified for the 8eapondeat. Ia March of 1993. 8aham was asked to perform commuter modeling of the 7Cadolph area. The witness took data of pre- nod post-mine elevations and applied the 3:atsractive Surface DQodeliag Program to~them to calculate a grid of the eurfnce. 'H'rom those grids the witness created a pee- sad poet-mialaQ topography map. Ia April, the witaass ran additional ornas-seatiosss. Se aacompaaiad the 09M inspector oa the 8eptamber tour of the site and assisted in mswsuriag elope angles around Ditch A-i. 8e later produced s draft report that detailed nod compared slopes from pre- to poet- miaisg (Tr. 90-97). Seh~a idaaatifind several exhibits which rapreseat hie resaarah. (&. Sxhi.bit Z, figures 1-9). 8a testified that the Ditch ~-i is approximately 15D0 feet wide sad •wrial thausaad feet long. The elevations in that area reanh 480 feet, which is