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r <br />Mr. Robert Hagen, OSMRE - 3 - April 17, 1990 <br />Certain chances in regard to the sediment control measures reauired for <br />portions of the area above the Homestead Ditch were made in 7986 in <br />conjunction with approval of TR-O1. While all the area above the Homestead <br />Ditch was approved by the Division as being exempt from the reouirements of <br />Rule 4.05.2(1), the newly topsoiled area was reauired to have a filter fence. <br />Nothing other than the soil stabilization practices currently being followed <br />by the operator were reauired for the portion of the area reveaetated in 1983. <br />The Division declines to issue an NOV in regard to this issue for good cause. <br />There is no violation. The operator was following a practice approved by the <br />Division according to existino state regulations. A valid small area <br />exemption for the area had been granted by the Division. <br />If you have any questions in regard to this response, please contact me. <br />Please see the attached information for documentation of spoil pile exemptions <br />and small area exemptions. <br />Sincerely, <br />.- <br />Michael B. Lono <br />Coal Program Supervisor <br />MBL/ern <br />cc: Jim Stevens, MLRD <br />YDavid Berry, MLRD <br />6114E <br />