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7. The valley eliminated about 15 acres of a drainage <br />flowing to the east of the ridge and added about 15 acres of new <br />drainage flowing to the west of the ridge. Tr., 89-91, 141-43, <br />161, 381-82. <br />8. About 3.5 million cubic yards of material would be <br />required to restore the ridge to AOC. Tr., 80, 170. <br />9. All of the material removed from Pit No. 1 was within <br />the permit area for the mine and its recovery was, in Inspector <br />Rathbun's opinion, "definitely" available for reclamation of the <br />ridge. Tr., 85; see also Tr., 80-81, 84, 171, 245-46, 356, 375, <br />404-06, 408, 413-14, 420-21, 460-61, 472-75, 487-88, 497-508. <br />Consequently, Inspector Rathbun determined that Kerr failed <br />to restore the ridge in Pit No. 1 to AOC, as required by section <br />4.14.1(2) of the Colorado program. Tr., 41, 61, 67, 83-84, 87- <br />88, 93, 97; see also 209. <br />After the inspection, Inspector Rathbun advised several <br />inspectors for DMG that the backfilling and grading at Pit No. 1 <br />failed to achieve AOC, as required by section 4.14.1(2) of the <br />Colorado program. Tr., 99-100; see also Tr., 44-45, 67-68; Ex. <br />No. G-1. He requested the DMG either take enforcement action or <br />work with AFO to revise the permit to require AOC at the ridge, <br />and that DMG respond to his request within 6 days, i.e., by <br />May 18, 1994. Tr., 100-02. <br />On May 18, 1994, DMG replied by letter to Inspector <br />Rathbun's request, stating that "[a]t this time, it is our <br />position that [DMG) has acted appropriately. We will not be <br />6 <br />