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a variance from the complete highwall elimination requirement for <br />underground mines which have continued to operate in the same <br />location after August 3, 1977. However, in approving the Colorado <br />amendment, OSM acknowledged the difficulties frequently encountered <br />by operators attempting to reclaim face-up entry areas that were <br />created prior to the passage of SMCRA. OSM concluded that proposed <br />Rule 4.14.1(2)(f) was approvable pursuant to Section 516(b)(10) of <br />SMCRA, which requires that the Secretary of Interior "make such <br />modifications...as are necessary to accomodate the distinct <br />differance between surface and underground coal mining" (January <br />19, 1994 Fed. Reg. 59 FR 2739). <br />It may be that your concerns could be resolved by minor clarifying <br />changes in the text of the proposed rule or by including a <br />definition of "face-up areas", and we would certainly be willing to <br />discuss such changes with you and consider including them in future <br />rulemaking. However, we would prefer not to include any such <br />changes as a part of the current rulemaking, because any rules <br />changed at this time would have to be resubmitted to OSM and <br />approved as a program amendment before the rule could become <br />effective. This would delay rule promulgation and continuing <br />reclamation efforts at some mines in Colorado for an unforseeable <br />period of time. <br />Please contact me if you would like to discuss this matter further. <br />The Board Hearing for Pre-Law Highwall Rulemaking is scheduled for <br />the morning of March 23, 1994. <br />Sincerely, <br />Steven Renner <br />Coal Program Supervisor <br />cc: Dan Mathews <br />c:\cyamrule.dtm <br />