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<br />Mr. Steven G. Renner <br />without topsoil removal will limit needless topsoil disturbance, <br />reduce unnecessary destruction of adjacent vegetation and will <br />facilitate reclamation of the ditches at a future date." In <br />approving the request for a variance, it seems you relied on <br />section 4.06.2(2)(a)(ii) of your <br />to qualify for a variance "where <br />damage to soil characteristics." <br />regulations which allows areas <br />removal would result in needless <br />I am satisfied that during the approval process your agency <br />evaluated the relevant criteria such as the possibility of <br />needless soil removal, damage to soil properties, alternate <br />topsoil sources, and the steep slope terrain characteristic of <br />much of the ditch area. While the variance could perhaps have <br />been more specific regarding the structures to which it applied, <br />I find that extending its applicability to the ditch in this case <br />is not arbitrary, capricious or an abuse to discretion under your <br />program. Accordingly, I hereby reverse the determination of the <br />AFO Director. <br />Sincerely, <br />W. Hord ipton <br />Deputy irector <br />cc: Colowyo Coal Company <br />5731 State Hwy. 13 <br />Meeker, CO 81691 <br />Robert Hagen <br />Director, Albuquerque Field Office <br />Jeffrey Jarrett <br />Acting Assistant Director, Eastern Support Center <br />Raymond Lowrie <br />Assistant Director, Western Support Center <br />Allen Klein <br />Assistant Director, Field Operations <br />Joel Yudson <br />Assistant Solicitor, Regulatory Programs <br />