Laserfiche WebLink
,.~i <br />NOV C-95-026. Comments. Additional Information and a ReQuest for Vacation <br />The Colowyo permit includes an alternative practice providing for temporary windrows of <br />topsoil located adjacent to newly reclaimed azeas. The Division has previously praised Colowyo <br />for implementing a `method of temporary storage of topsoil" that `better protects the resource <br />than temporary storage in established topsoil stockpIles foIlowed by subsequent haulage and <br />redistnbution" (excerpt from page 26, July 23, 1992 Proposed Decision and Finding of <br />Compliance for a Permit Revision). <br />Due the temporary nature ofthe piles, the alternative practice treats the piles as an <br />extension of the reclaimed area rather than a topsoil stockpiling operation. As such, the <br />alternative practice does not include a requirement for seeding and placement of topsoil signs. <br />Because issuing a NOV for not having seeded the piles and placing topsoil signs contradicts with <br />the provisions of the ahemative practice Colowyo believes these parts of the NOV were issued in <br />error. <br />A Minor Revision was submitted to reschedule spreading of the temporary topsoil piles <br />due to a lack of available regraded spoil Subsequently, the CDMG issued the NOV which <br />included this issue. We believe that CDMG's action of issuing a NOV after submittal of a MR <br />that both identified the problem and provided a solution clearly was improper and sets a <br />questionable precedent with respect to future CDMG/Operator relationships. The irony is that, <br />with respect to the time frame for spreading the topsoil, the NOV accomplished nothing more <br />than that which we provided with the MR <br />We have shown that every element of the NOV was written in error and respectfiilly <br />request the NOV be completely vacated. <br />BACKGROUND <br />1 }The Practice of Placing Topsoil Piles Adjacent to Reclaimed Areas is a Permitted <br />Alternative Practice. <br />For more than 15 years, the characteristics of the topsoil stripping and reclamation <br />operations at Colowyo aze such that vast amounts of topsoil aze handled every year, anywhere <br />from 150,000 CY to more than 400,000 CY per yeaz. Colowyo places topsoil in either <br />permanent designated topsoil stockpiles which aze graded, seeded and signed or we dtrect haul <br />topsoil to topsoil lay down reclamation areas. There are times when the dynamics of the operation <br />to prepaze regraded areas for topsoil are out of sync with the stripping operation that may vary <br />from 3 inches to 20 feet of topsoil When this occurs, the last loads of topsoil are windrowed <br />along the edge of the reclaimed azeas then spread the next yeaz onto the new regraded areas. <br />