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not itself evidence that erosion is presently occurring <br /> or that utility is being impaired. Where an erosional <br /> channel appears stabilized, based upon a technical <br /> evaluation of active versus inactive channel <br /> characteristics, and the channel does not interfere <br /> with the postmining land use, the permittee is advised <br /> to monitor the site for any change in status, but is <br /> not required to take any corrective action. <br /> 52 FR 34395. <br /> Clearly then, the mere existence of a gully alone is not a <br /> manifestation of a failure to maintain the Goat Trail so as to <br /> control erosion as alleged in NOV-24 . Whether or not <br /> uncontrolled erosion is presently occurring must be demonstrated <br /> by technical evaluation. OSMRE' s above-quoted statement <br /> evidences a requirement that the site of the erosion be monitored <br /> for change in status before it is deemed to be unstable. P&M <br /> submits that the foregoing OSMRE policy directive interpretation <br /> establishes the minimal analysis required to demonstrate that a <br /> failure to control erosion is presently occurring. Accordingly, <br /> the allegation in NOV-24 that the access road is not being <br /> maintained to control erosion is based on insufficient analysis <br /> and is factually deficient. <br /> P&M reserves the right to expand the facts, claims and <br /> defenses of this Application as may be necessary during the <br /> course of this proceeding. <br /> RELIEF BOUGHT <br /> Based on the foregoing, P&M requests the following relief be <br /> ordered by the Colorado Mined Land Reclamation Board: <br /> A. that P&M has not failed to maintain the access road <br /> cited in NOV-24 to control or prevent erosion and accordingly, <br /> NOV-24 was written in error and is vacated; <br /> -5- <br />