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SEP 06 '94 04~51Ph1 U1ViP111YEkHtS&1,L~1t. Vb~ III IIIIIIIIIIIIIIII (b) Drains e. The test applied t0 determine if the reclaimed area blen s into and ccu~lements the drainage pattern of the surrounding area is whether. water intercepted within or from the surrounding terrain flows Through and from the reclaimed area in an unobstructed and controlled manner: (c) Hi hvalls and it Ties. All highvalls, spoil piles, and depressions, except sma egressions needed to retain moisture, shall be eliminated in a manner which blends in with the surrounding terrain. This element should not be interpreted as necessazily requiring spoil from the first cut to be transported to fill the last cut in azea mining, provided highwalls are eliminated and both cuts are g[aded to blend in with the surrounding terrain. (see 4Z FR 62643, December 13, 1977; 44 F'R 15227, March 13, 1979; and 48 F'R 32911, July 19, 1983). (3) Oversi ht of State AOC Determinations. lfiere a permit contains little gui once epicting the postmining topography and bacl:filling and grading has been corple[ed, as may often be the case uirh 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 fot interpreting what constitutes AfJC 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 ACC requirements had been met according to the State's rnunterpart to 30 CFR 715.14 or 816.102, as appropriate, or the permittee could not have proceeded with recoiling and revegetation. Qie purpose of owe[sight is to determine if a decision of the regulatory authority was reasonable and not an abuse of discretion. tifiile a subsequent different AfJC opinion of an C5TII2E inspector demonstrates the subjectivity inherenc in interpreting ACC, it nevertheless serves no useful purpose to substantially redisturb a stabilized and reclaimed minesite when the regulatory authority has exercised its discretion in good faith and remains satisfied that the applicable program standards, including restoration of AOC 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 removal and replacement, regrading, and revege wcion, unless one or more of the three principles enwnerated above have been clearly violated, the acceptance by the regulatory authority should stand. 4. Reporting Requirements. None. 5. ReFerenc es. a. 42 FR 62643, December 13, 1977. b. 44 ER 15227, March 13, 1979. c. 48 FR 32911, July 19, 1983. -3-