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During its review of the permit revision, the Division determined that good cause had been shown for a variance, in accordanc~a with Rule 4.06.2(2)(a). In addition to preventing needless disturbance, the Division determined that reclamation of the diversion would be more effective without attempting to remove and replace topsoil. The topsoil, which is next to the ditch and has been seeded, will be replaced more effectively from its present position than would be possible by hauling it in to the regraded ditch from a topsoil stockpile during reclamation. The diversion in question is approximately three miles long, is isolated from active mining areas and, crosses slopes which are 2H:1V and steeper. Based upon observations from the Division's inspection, approximately seventy- five percent of the diversion is located on south, east and west- facing slopes where less than six inches of topsoil is present. Numerous sections of the diversion are excavated into bedrock outcrops. Copies of the materials referenced above are enclosed for your review. Since no violation has occurred, the Division is not taking enforcement action in regard to this issue. The Division believes that this is an appropriate response to the TDN and is neither arbitrary, capricious or an abuse of discretion. Issue 2 A violation of Rule 4.08.5(7) for failure to provide blasting sketches on blasting records is alleged. The TDN indicates that sketches with information on number of holes, burden, spacing and delay patterns were missing from the past year's records. During the inspection which resulted in issuance of TDN X-92-020- 244-2 TV2, blasting records were reviewed. Colowyo's blasting records include information regarding number of holes, burden, spacing and delay patterns. Blasting patterns are indicated on the records by symbols. However, these symbols are not explained on the blasting forms. As a result, NOV C-92-030 has been issued by the Division. With an explanation of the symbols used on the records, all of the information required by the regulations is included in the records. The abatement required by the NOV calls for an explanation to be added to the records of the past year and to all future records. The symbols and data on the record will convey as much or more information than a hand-drawn "sketch" since an understanding of this information is required in order to understand a sketch.