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<br />The record establishes that inspectors from the OSM <br />Albuquerque Field Office (AFO) inspected Kerr's Marr Strip Mine <br />(the mine) near Walden, Colorado, on several occasions. <br />Specifically, AFO Inspectors Stephen Rathbun and Henry Austin <br />conducted a general oversight inspection of the mine on March 31 <br />and April 1, 1993; they participated in a phase I bond release <br />inspection commencing on May 12, 1994; and AFO Inspectors Rathbun <br />and Russell Porter conducted a follow-up inspection on May 25, <br />1994. See Transcript of the hearing on July 20-22, 1994, before <br />administrative law judge (ALJ) Ramon Child in Denver, Colorado <br />(Tr.), 36, 68, 112. <br />Kerr's aforementioned statements that AFO inspectors <br />1) "reviewed the backfilling and grading sections of Che Permit" <br />in preparation for the March/April 1993 oversight inspection; and <br />2) "expressed no concern" about whether Kerr's approved plans and <br />maps for pit No. 1 "would meet the AOC standard," imply that <br />1) the review focused on or at least included AOC issues; and <br />2) the inspectors determined that the AOC requirements of section <br />4.14.1(2)(x) of the Colorado regulatory program (the Colorado <br />program) had been met. Neither implied fact, however, is <br />supported by the record. <br />The only testimony presented on the issue of OSM's prepara- <br />tion for and concerns with the March/April 1993 oversight inspec- <br />tion was that of Inspector Rathbun: <br />Q [Richard Fanyo, counsel for Kerr]: Now, I believe <br />that you said you'd inspected this mine once <br />before [on March 31 - April 1, 1993]; is that <br />right? <br />2 <br />