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Greg Lewicki From: greg@lewicki,biz Sent: Friday, May 05, 2006 8:54 AM To: Ross Gubka Subject: Fw: Bob Postle's input on New Horizon ----- Original Message ----- From: "Mathews, Dan" <daniel.mathews@state.co.us> To: <greg@lewicki.biz> Sent: Thursday, May 04, 2006 1:32 PM Subject: FW: Bob Postle's input on New Horizon > Greg, > Sandy said she didn't have anything to add to this. There is nothing top > secret about it, so I thought I would send it to you to look over before > our > meeting on Monday. > Dan >> -----Original Message----- >> From: Mathews, Dan >> Sent: Thursday, May 04, 2006 12:57 PM >> To: Brown, Sandy >> Subject: Bob Postle's input on New Horizon >> Sandy, >> I spoke to Bob Postle earlier this morning regarding some of the difficult >> revegetation issues at New Horizon Mine. Here is my rendition of what he >> had to say, with respect to the necessary involvement of OSM in approving >> technical document based standards. Question 1. Rule 4.15.7(2)(d)(ii) requires that standards of cover and productivity established by reference to technical documents must be >> approved by the Director (of OSM). Does this mean that any such >> technical >> document based standard would have to be incorporated into DMG >> regulations >> and approved by OSM as a Program Amendment? >> Answer: Yes, under current regulations, this is the case. 30CFR >> 816.116(a)(1) requires that standards for success shall be selected by >> the >> regulatory authority and included in an approved regulatory program. >> Question 2. Under proposed federal rule chances,-the requirement of >> 816.116(a)(1), requiring inclusion of success standards and measurement » techniques in tbe,_-approved rulatory program would have been elzminatd. 11 » What is the status of those proposed rule changes, and will the proposa`