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. SEP 06 '94 04~SIPM DIViMINERRLS&GEOLOGY (b) Draina e. The test applied reclaimed area blen s Into and complements th surrounding area is whether. water intercepted surrounding terrain flows through and from th unobstructed and controlled tanner: to determine if the e drainage pattern of the within or f[om the e reclaimed area in an (c) Hi hwalls and it files. All highwalls, spoil piles, and depressions, except sma epressions needed to retain moisture, shall be eluninated in a manner which blends in with the surrounding terrain. This element should not be interpreted as necessazily requiring spoil from the firs[ cur to be transported to fell the last cut in azea mining, provided highwalls ate eliminated and both cuts are graded to blend in with the surrounding terrain. (See 4Z FA 62643, December 13, 1977; 44 FR 15227, March 13, 1979; and 48 FR 32911, July 19, 1983). (3) Oversi ht of State AOC Determinations. yfi ere a permit contains little gui ante epicting the postmining topography and bacl:filling and grading has been corpleted, as may often be the case with interim program minesites, any earlier guidance on or acceptance of the reclamation by the regulatory authority should be given considerable deference. This is because the regulatory authority has the primary responsibility for interpreting what constitutes AAC at a given minesite and, at the time, the permittee who received Such guidance acted reasonably in construing the State's acceptance as assurance that AOC requirements had been met according to the State's rnunterpazt to 30 (FR 715.14 or 816.102, as appropriate, oc the permittee would not have proceeded with resoiling and revegetation. C1ie purpose of oversight is to determine if a decision of the regulatory authority was reasonable and not an abuse of discretion. ifiile a subsequent different ALJC opinion of an oSTiRE inspector demonstrates the subjectivity inherent in interpreting ACC, it nevertheless serves no useful purpose to substantially redisturb a stabilized and reclaimed minesite when the [egulatory authority has exercised its discretion in good faith and retrains satisfied that the applicable program standards, including restoration of ACC and postmining land use capability, have been met. Since environmental goals may be frustrated through the additional siltation and further degradation from a second topsoil relroval and replacement, regrading, and revegetation, unless one or more of the three principles enumerated above have been clearly violated, the acceptance by the regulatory authority should stand_ Reporting Requirements, None. 5. Re'_erences. a. 42 FR 62643, December 13, 1977, b, 44 Flt 15227, March 13, 1979_ c. 48 FR 32911, July 19, 1983. P.4i5 -3-