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Ms. Susan McCannon <br />2 <br />northern facing slope of the pad located by the two catch basins. According to <br />DMG's Bond Release, Proposed Decision to Approve Document (this office has not <br />received a copy of the bond release application), the area on the north facing slope <br />of the pad near the two catch basins is not to be considered in this bond release <br />and should not be a part of this TDN. Additionally, the AFO agrees that AOC is <br />not necessarily pertinent to a refuse pile. This section of the Regulations was <br />cited, however, because there is no counterpart (or 30 CFR Section 773.17 <br />provided in the Colorado Regulations requiring that permit conditions be followed. <br />The slopes of the refuse pile do not conform to the 3h:1v (33 percent) on the west <br />and south slope as is required in the approved permit. Transects on the west side <br />of the refuse pile were as steep as 19 degrees and 21 degrees on the south slope. <br />DMG's practice of measuring slope gradient by averaging the transects for the <br />entire disturbed area is unacceptable. Using this method could allow large areas <br />of unacceptable steep slopes to be approved if other slopes, within the disturbed <br />area, were almost flat. For these reasons the Albuquerque Field Office finds that <br />the response to TDN X95-020-179-001 Part Two that pertains to the refuse slopes <br />to be arbitrary, capricious and an abuse of discretion; and is, therefore, <br />inappropriate. <br />If you disagree with the above finding, you may request an informal review in <br />accordance with 30 CFR 842.11(b)(1)(iii)(A). The request may be filed at this <br />office or with the Regional Director, Office of Surface Mining Reclamation and <br />Enforcement, Western Region Coordinating Center, 1999 Broadway, Suite 3320, <br />Denver, Colorado 80202-5733. <br />Your request must be received within 5 days of receipt of this letter. A Federal <br />inspection may be conducted after the 5-day appeal time has elapsed unless a <br />formal review is requested. <br />Sincerely, <br /> <br />Thomas E. Ehmett, Acting Director <br />Albuquerque Field Office <br />