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SEP 06 '94 04~50PM DIVih11MERALS&GEDLOGY <br />P.2i5 <br />'• U• S• DEPARTMENT OF THE AVTERlO Subject Number: <br /> <br />~- y~ OFFICE OF SURFACE MINING <br />; . <br /> <br />y~~}~ <br />.! <br />RECLAMATION AND ENFORCEMENT rr~~~ Number: <br />338 <br /> DIRECTIVES SYSTEM Date: S/26/87 <br />Subject: <br />Approx to Original Contour <br />Approval: ~ Tltle: Director <br />1. Purpose. The purpose of this directive is to provide policy guidance <br />and procedures For determining whether backfilling and grading have met <br />the requirements of approximate original contour as defined in section <br />701(2) of the Act, sections 701.5 and 710.5 of the regulations and the <br />corresponding definitions in approved State programs. This guidance may <br />prove particularly irportant for:utterim program sites where the <br />permits lacked the detail and clarity on pranining and postmining <br />topography expressed in permanent program permits; isolated oc fringe <br />areas not represented by typical cross sections; or for. any site where <br />the postmininq topography does not exactly match that anticipated in the <br />apprOVed permit. <br />I <br />2. pefinitions. <br />A roximate Ori final Contour. As defined~in section 701(2) of the <br />Act and sections 701. and 710.5 of the regulations, approximate original <br />contour (AOC) means that surface configuration achieved by backfilling <br />and grading of the mined area so that the reclaimed area, including any <br />terracing or access roads, closely resembles the general surface <br />configuration of the land prior to mining and blends into and complements <br />the drainage pattern of the surrounding terrain, with all highwalls and <br />spoil piles eliminated. Water impoundments nay be permitted where the <br />regulatory authority determines that they are in compliance with the <br />implementing regulations corresponding to section 515(b)(8) of the Act. <br />3. Policy/Procedures. <br />a. liackc~cound. In modifying the phrases 'original contour' and <br />'surface configuration', in the definition of AOC with the terr.~s <br />'approximate' and 'general', respectively, Congress recognized and <br />acknowledged that there would likely be differences between the premining <br />and postmininq topography. Furthermore, the reclamation of any minesite <br />mist take into consideration and accorm~odate site-specific and unique <br />characteristics of the surrounding terrain and postmining land uses. <br />Consequently, AOC determinations must necessarily retain a certain amount <br />of subjectivity and often rely principally on the judgment of the <br />regulatory authority, which has been given the prima[y responsibility Eor <br />such decisions under the Act. <br />b. Policy Before concluding that any AOC violation has occurred <br />and reshaping of already reclaimed areas is required, evaluations to <br />determine whether AOC has been achieved shall be conducted in accordance <br />with the considerations and procedures below. Site-specific cases where <br />