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ENFORCE24827
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ENFORCE24827
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Last modified
8/24/2016 7:33:27 PM
Creation date
11/21/2007 10:48:56 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980006
IBM Index Class Name
Enforcement
Doc Date
10/20/1994
Doc Name
OSM REPLY TO THE INTERVENORS BRIEFS
Violation No.
TD1994020352002TV1
Media Type
D
Archive
No
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.l____ <br />by mining. AOC is generally discussed in H. R. Rep. No. 95-218 at <br />96-105 (April 22, 1977), a copy of which is attached. Figure 6 <br />of H.R. Rep. No. 95-218 provides, with regard to a type of mining <br />known as area mining, three illustrations of acceptable AOC. See <br />H.R. Rep. No. 95-218 at 104 (Figure 6); see also H.R. Rep. <br />No. 95-218 at 103 (the narrative for Figure 6). In each illus- <br />tration, the dimensions of acceptable AOC differ dependittg on the <br />quantity of available fill material in relation to the amount of <br />coal removed from the disturbed land (the stripping ratio). <br />However, regardless of the stripping ratio, acceptable AOC is <br />always based, in each illustration, on reference to the original <br />surface configuration, including elevation, of the land disturbed <br />by mining. <br />DMG, as indicated above, takes the contrary position that <br />the standard for restoring the surface configuration of mined <br />land to AOC is landforms in the surrounding countryside. As <br />explained above, however, that standard applies only to drainage <br />patterns. Nothing in SMCRA or its legislative history supports <br />DMG's position. <br />In light of the definition of AOC in SMCRA and its legisla- <br />tive history, it would clearly offend congressional intent to <br />find that the standard for restoring the surface configuration of <br />reclaimed land to AOC is, as suggested by DMG, landforms in the <br />surrounding countryside. <br />4 <br />
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