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achieved by backfilling and grading of the mined area so that the <br />reclaimed area, including any terracing or access roads, closely <br />resembles the general surface configuration of the land prior to <br />mining and blends into and compliments the drainage pattern of <br />the surrounding terrain, with all highwalls and spoil piles elim- <br />inated., § 34-33-103(3), C.R.S. <br />OSM's policy directive on AOC provides the standards it <br />uses to make AOC determinations and the deference that must be <br />given to a state's determination when such state has primary <br />jurisdiction, such as here. See attached copy of Policy Direc- <br />tive INE-26. The directive provides in relevant parts as fol- <br />lows: <br />3. Policy/Procedures. a. Background. In <br />modifying the phrases "original contour" <br />and "surface configuration" in the defini- <br />tion of AOC with the terms "approximate" <br />and "general", respectively, Congress rec- <br />ognized and acknowledged that there would <br />likely be differences between the premining <br />and postmining topography. Furthermore, <br />the reclamation of any mine site must take <br />into consideration and accommodate site- <br />specific and unique characteristics of the <br />surrounding terrain and postmining land <br />uses. Consequently, AOC determinations <br />must necessarily retain a certain amount of <br />subjectivity and often rely principally on <br />the judgment of the regulatory authority, <br />which has been given the primary responsi- <br />bility for such decisions under the Act. <br />c. Procedures. (2) Inspection criteria: <br />AOC is achieved through a reasonable but <br />not necessarily exact, rendering of the ap- <br />-11- <br />