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Mr. Thomas Ehmett 7 June 30, 1994 Following an April I , 1993 oversight inspection conducted by the AFO, the inspectors made the following observations in their report: "VJe requested the most current backfilling and grading requirements from the permit renewal documents and were provided Section 816.100 Continued, Revised 4/20/90, page number 816-124aaaaaa?a (3 pages)." These referenced pages clearly describe the approved plan for "Pit 1," and the requirement to backslope "Pit 1" is reiterated in the OSM report. Page one of the same inspection report, topic D-2 (Bacld-dling and Grading; Approximate Original Contour) indicates that the mine is in compliance. Subsequent to the April 1, 1993 inspection, the AFO apparently requested a technical review of the bacldill and grading plan at the Marr Mine. As a result of this request, the OSM Western Service Center conducted a review which is summarized in two memoranda entitled "Volumetric Study" and "Bond Adequacy." These documents have final signature dates of June 23, 1993, and July 20, 1993, respectively. These reviews were conducted with full lmowledge of the approved reclamation plan. They do not identify any specific deficiency in the approved reclamation configuration. It must also be noted that the most recent Marr Mine Permit Renewal Findings Document dated December 9, 1992, was subject to direct oversight review during Evaluation Year 1993 and, while certain other minor deficiencies were found, the currently approved reclamation plan'was not found to be deficient. Additionally, all revisions, including Technical Revision ('I'R) Nos. 7 and 10, are reported to the AFO with the DMG's monthly report. The TR No. 10 file contains a specific completeness notification dated August 30, 1993, to the OSM, which clearly states that the topic of TR No. 10 is the final configuration of Pit No. 1. All of the documents referenced above are available for review in the DMG Offices, if needed. The OSM has been aware of the approved postmining topography of the Marr Mine for several years, and no specific deficiencies were previously identified or pursued. The State and Federal laws and. regulations provide guidance, regarding the design and achievement of AOC at a mine site. As aclrnowledged within IIdE-26, final AOC definition is somewhat subjective, and final AOC definition must be determined by the primary regulatory authority. Such a determination is made given a prudent and reasonable interpretation of the pertinent regulations, and considering site-specific characteristics.