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Mr. James Lunan - 2 - March 14, 1990 <br />In addition, responses to permit stipulations are considered technical <br />revisions. An Administrative Law Judge ruled in an appeal of one of the <br />Division's permit approvals that the Division erred in not requiring a <br />stipulation response to be a technical revision. His reasoning was that, <br />since a permit is subject to public notice and review, any stipulation <br />response attached to that permit should also be subject to public notice and <br />review. If the notice requirement is not met, the public in effect has not <br />been given the opportunity to review and comment on the entire permit <br />package. In addition, they needed to be afforded the opportunity to review <br />stipulation responses and request a hearing if they objected to the ultimate <br />decision. <br />Minor revisions are slight alterations to approved plans. For instance, field <br />adjustments to structures that do not significantly affect the approved <br />design, a slight relocation of roads, culverts, ditches, substations, etc. <br />The Division encourages the use of our field revision approval process to <br />assist operators. <br />We realize that it is difficult to categorize revisions. We further realize <br />that the classification of a revision can delay field work and construction <br />scheduling. The staff uses their best professional judgement in making <br />determinations concerning the classification of revisions. If you have <br />concerns over the details of a particular revision I will be glad to discuss <br />it with you. <br />Concerning small area exemptions, there is no exemption from sediment control <br />for disturbances other than roads, sediment pond embankments, etc. A small <br />area exemption exempts you from passing runoff through a sediment pond., An <br />operator is still required to control runoff and make a demonstration that <br />effluent limits can be met. <br />As I stated at the beginning of this letter, if you have further questions on <br />this matter please contact either Mike Lona or me. <br />.4 <br />FRB/lac <br />cc: Susan Mowry <br />Carl Mount <br />4869E <br />SincarPly. <br />