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_11_ In response to OSM stipulation 5, the applicant further evaluated the need to create new watering areas for elk. They concluded that neither surface or ground waters would be disrupted, all presently available watering holes would be preserved, forage succulence is more than adequate to supply water needs, snow is abundant in the area and that there is no need to create new watering holes. This conclusion was based on information from the OSM and CDOW. Our records indicate that a response to OSM stipulation 6 was sent on September 11, 1980, but the response could not be located. CYCC is requested to resubmit the response. No response is required for OSM stipulation 7 and it will remain in effect. As part of the permit approval the applicant was required to conduct yearly monitoring of macrophytes, fish and benthic invertebrates at twelve sampling sites. After several years of collecting data this monitoring has been terminated. The trends derived from the program appeared to be related to the inherent stream variability rather than the effects of coal mining. Also, CDOW felt the existing data was sufficient and recommended that no further sampling be done. Once the response to OSM stipulation 6 is resubmitted, this section will be in compliance. XI. Prime Farmland - Rules 2.04.12, 2.06.6 and 4.25 There are no substantive differences between the Federal and State permanent programs. This section is in compliance. XII. Operations Description - Rules 2.05.2, 2.05.3(1), 2.05.3(2), There are no substantive differences between the Federal and State permanent programs. The OSM attached the following four stipulations to the approval package. 13. By December 21, 1980, the applicant shall submit an approvable plan for proposed underground operations for that area located adjacent to the shop facility and which are leased. If an approvable plan is not submitted by December 31, 1980 backfilling of the highwall shall commence by January 1, 1981 and shall be completed by January 31, 1981, in accordance with map 48. 14. Faulted blocks of coal within the limits of the approved permit area shall not be left unmined without the express written consent. of the regulatory authority in consultation with the U.S. Geological Survey (USGS) Area Mining Supervisor. When detailed geologic information concerning these faulted areas is obtained through the mining process, detailed information and plans shall be submitted to the regulatory authority and the USGS Area Mining Supervisor. A determination will then be made by the regulatory authority about the economic feasibility of recovering the coal.