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Mr. Thomas Ebmett 8 June 30, 1994 <br />The approved reclamation plan for the Marc Mine complies with the letter and intent of all <br />pertinent regulations, as discussed in detail above. The DMG has acted within allowable and <br />reasonable constraints in approving the fuial reclamation plan, and the DMG's responsibility and <br />right to make these decisions is clearly substantiated within IIVl?-26. INE-26 states, in part, that <br />before concluding that any AOC violation has occurred and reshaping of already reclaimed areas <br />is required, certain evaluations must be done in consultation with the regulatory authority. <br />These evaluations were not done by the OSM prior to issuance of the TDN. Such detailed <br />consideration, however, has been given to the approved plan by the DMG, and it is our position <br />that AOC will be achieved by implementing the approved plan. <br />Additionally, to the extent that a feral release decision has not been made, a violation cannot <br />exist. Finally, we believe that our position is substantiated by the fact that previous OSM <br />oversight of both the actual mine site, and the approved reclamation plan, has not identified any <br />deficiency related to achievement of AOC. Issuance of an enforcement action at this time would <br />be both unreasonable and without legal basis. <br />Thank you, for your consideration of this matter. <br />f'-- <br />~r <br />`Coal Program Supervisor <br />SGl2/gaw <br />cc: David Berry, DMG <br />Randy Price, DMG <br />Mike Long, DMG <br />M:~ms~~w~ehmctt.dW <br />