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<br />Memo - J. Stevens, M. Long - 4 - April 13, 1990 <br />Since the area above the existing silt fence (fall 1986 seeding area) was <br />not reclaimed when these discussions initiated, (July 15, 1986 and <br />prior), the reference can only be to the 1983 seeding area. <br />-- : The adequacy letter further states the an additional newly topsoiled area <br />will require further sediment control." rs new area is the area <br />above the existing silt fence, seeded during fall of 1986. <br />There is no question that when the Division reviewed this issue in 1986, <br />the older (1983) seeding area was accepted as a small area exemption, and <br />that the existing land management practices described in the July 15, <br />1986 letter from CYCC, were deemed adequate to allow this approval. The <br />area above the existing silt fence was brought up as an additional issue. <br />November 24, 1986 <br />The Division issued a formal approval (copy attached) for the Technical <br />Revision 86-1. Certainly any text or approvals contained within <br />correspondence such as the above-referenced adequacy letter would be <br />binding and proper elements of the approval. Furthermore, the approval <br />notice acknowledges that Stipulation No. 15 was resolved with the <br />approval of the technical revisions. All discussions regarding <br />Stipulation No. 15, pertained to total area above the Homestead Ditch, <br />including the old (1983) reclamation, and the area above the silt fence <br />was added as a separate issue during the technical revision process. <br />This addition did not exclude the previous discussion regarding the old <br />(1983) seeding area. <br />To summarize, the Division approved the small area exemption for the entire <br />area above the Homestead Ditch. This was based, in part, upon specific <br />implementation of land management practices described within the operator <br />submittal of July 15, 1985. The operator is functioning in compliance with <br />the approved plan. <br />Finally, as noted in the OSM report, there is no evidence that excessive <br />erosion is occurring, or that excessive sediment yield is entering the <br />Homestead Ditch. The "1983 seeding area" above the Homestead Ditch is in <br />compliance with the approved permit documents; therefore, no violation exists. <br />/ern <br />6049E <br />