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<br />David A. Berry <br />3 <br />However, the post-mining land use designation was changed to undeveloped/public <br />use because undeveloped land alone is not eligible for an AOC variance. AFO is <br />unsure of the reason for granting an AOC variance; is it because the topography is <br />too steep or is it for public access? This issue gives the appearance of BLM being <br />told one story and DMG another. <br />AFO must have additional information to resolve this issue. It appears as if BLM <br />will have to submit another letter stating that it concurs with an AOC variance to be <br />granted for exactly defined public use features or facilities. Granting an AOC <br />variance for public use access when the landowner agrees to the variance because <br />they understand that the land is too steep to reclaim could put DMG in an <br />untenable position. In any event, another letter from BLM is necessary because <br />the referenced BLM letter concurred with the permit as of May 25, 1994, including <br />the post-mining land use designation. The post-mining land use was changed <br />when DMG approved Minor Revision 29 on September 23, 1994, and BLM has not <br />provided a landowner concurrence letter for that change. Provide to AFO no later <br />than 10 days after receipt of this letter clarification of the issue. Whereas these <br />issues are so closely related, AFO will not make the final determination on the TDN <br />until receipt and review of the forthcoming information. <br />If you have any questions, please call Mitch Rollings at 505-766-1486. <br />Sincerely, <br /> <br />e_,z~;~~ ~~~.~v <br />~-Thomas E. Ehmett, Acting Director <br />Albuquerque Field Office <br />