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r ~ <br />Deposition transcript of Michael Long taken on July 12, 1994, in <br />Denver, Colorado, at 54-55 (emphasis added).Z Mr. Long was - <br />unable to define the applicable reference area for landforms in <br />the surrounding countryside because such a reference area does <br />not exist in SMCRA or the Colorado regulatory program. <br />Without a policy or regulation defining that reference area, <br />a regulatory authority could, in almost every case, arbitrarily <br />expand the size of the area until enough landforms were found to <br />justify nearly any surface configuration desired as meeting the <br />requirements of AOC. Certainly, for the reasons discussed above, <br />that method of determining AOC was not intended by Congress. <br />II. <br />CONCLUSION. <br />For those reasons, and for the reasons set forth in OSM's <br />September 20, 1994, proposed decision supporting the NOV and <br />October 5, 1994, reply brief (in reply to the proposed decision <br />filed by Kerr), the NOV should be upheld. <br />Z Mr. Longs deposition was received by the ALJ into the <br />record based upon a stipulation of the parties. See Tr., 495-96. <br />8 <br />