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<br />-2- <br />The Colorado pe rnianent program was approved on December 15, 1980. All <br />existing operations had to submit an application pursuant to the state <br />program. The Division determined that Permit No. 79-177 fell within the <br />scope of Rule 2.01.3(5) which allowed the applicant to effect state <br />program compliance by submitting revisions or modifications that <br />addressed substantive differences between the State program and the <br />Federal permanent program regulations by December 15, 1981. On December <br />14, 1981, Colorado Yampa Coal Company (CYCC) submitted the state program <br />compliance package. Five substantially different regulations were <br />addressed: <br />1, Alternative Water Supply Information, Rule 2.04.7(3) <br />2. Vegetation Information, Rule 2.04.10 <br />3. Revegetation: Standards for Success, Rule 4.15.7(3)(b) <br />4, Revegetation: Success Criteria, Rule 4.15.8 <br />5. Roads (haul roads, access roads, light-use roads), Rule 4,03 <br />The Division has reviewed CYCC's State program compliance package. <br />Inadequacies that were identified by the Division have been addressed by <br />the applicant. Findings of compliance are included in the attached <br />review. <br />The attached review serves another purpose besides making findings of <br />compliance for the substantively different Federal and State program <br />regulations. The Colorado permanent program, Rule 2.08.3, also requires <br />the Division to conduct a mid-term review. A review of outstanding <br />permits is to be conducted and for good cause shown, reasonable revisions <br />or modifications of the permit provisions during the term of each such <br />permit may be required. Such revisions or modifications shall be based <br />upon written findings and shall be subject to the notice and hearing <br />requirements of the Act. Additionally, Rule 3.02.2(4) requires that the <br />bond be reevaluated. <br />In order to fulfill the requirements of a mid-term review the Division . <br />has evaluated the permit application, the OSM TEA document, the responses <br />to permit stipulations, and the permit revisions that have been approved <br />during the permit term, to assure compliance with the Colorado permanent <br />program. Past inspection reports were also reviewed to isolate specific <br />problem areas. <br />The attached review is a culmination of the State program compliance and <br />the mid-term permit review of Permit No. 79-177. The Division has found <br />that the following sections will need to be revised: <br />I. Legal, Financial and Compliance Information <br />V, Hydrologic Balance <br />XII. Operations Plan <br />XIV. Backfillinq and Gradi <br />XV. Mine Facilities <br />XVI. Bonding <br />