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- SEP E6 '94 04=50Pf9 DIVitII IYERfItS&GEOLOGY r.ci~ '• U• S• DEPARTMENT OF THE INTERIO subject Number: ~- y'~ OFFICE OF SURFACE MINING I`~ Z6 '' RECLAMATION AND ENFORCEMENT 7•ran~turtalNumber. ~v • ~ 338 ""`~ DIRECTIVES SYSTEM °'Te= 5,~6,8~ Subject: Approx- to Original Contour Approval: f ~ ,,,~ n,..a~. TIt1c: n; ra.,rnr 1. Purpose. The purpose of this directive is to provide policy guidance and procedures for determining whether backfilling and grading have met the requirements of approximate original rnntour as.defined in section 701(2) of the Act, sections 701.5 and 710.5 of the regulations and the corresponding definitions in approved State programs. This guidance may prove particularly ir.~ortant Eor: interim program sites where the permits lacked the detail and clarity on premising and postmining topography expressed in permanent program permits;' isolated or fringe areas not represented by typical cross sections; or for. any site where the postmininq topography does not exactly match that anticipated in the approved permit. 2. Definitions. A roximate Ori final Contouz. As defined•in section 701 0) of the Act and sections 701. and 710.5 of the regulations, approximate original contour (AOC) means that surface configuration achieved by backfilling and grading of the rdned area so that the reclaimed area, including any terracing o[ access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Water impouncttients may be permitted where the regulatory authority determines that they are in col~Iiance frith the implementing regulations corresponding to section 515(b)(8) of the Act. Polio/Procedures. a. liackgcound. In modifying the phrases 'original contour' and 'surface configuration', in the definition of AOC with the terns 'approximate' and 'general', cespec[ively, Congress recognized and acknowledged that there could likely be differences between the premising and postmininq topography. Furthermore, the reclamation of any minesite rtust take into consideration and accommodate site-specific and unique characteristics of the surrounding terrain and postmining land uses. Consequently, AOC determinations must necessarily retain a certain amount of subjectivity and often rely principally on the judgment of the regulatory authority, which has been given the primary responsibility for such decisions under the Act. b. Poli Before concluding that any AOC violation has occurred and reshaping of already reclaimed areas is required, evaluations to determine whether AOC has been achieved shall be conducted in accordance with the considerations and procedures below. Site-specific cases where