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-3- IV. Geology No substantive differences exist between the state and federal programs in geology. Since the issuance of the permit, no issues of concern have arisen concerning this section either on site or in the permit application. Stipulations regarding coal recovery were attached to the OSM approval package as discussed in the operations plan of this review. This section is in compliance. V. Hydrologic Balance: Surface Water and Ground Water There is one substantive difference between the state and federal permanent program regulations in this section,. °~~^-'tea S,.c-t-ions-8ab. 44-:- There was state stipulation to the permit in this section and there have been several revisions to the permit in this section. The difference between the Federal and State regulations is in State Rule 2.04.1(3) which requires alternative water supply information for fish and wildlife. In response to OSi~I stipulation 5 (see section X of this review) and the State program compliance information, CYCC has adequately addressed this. State stipulation 7 requires the applicant to comply with the Division of Water Resources rules and regulations. This stipulation remains in effect. In the permit application the applicant committed to construct several sedimentation ponds. Ponds A, C, D, E, Hand I were constructed according to the approved design plans; designs were revised for Ponds F, G, K and M. All sediment ponds have been certified. Plans for Pond B were revised and it has been approved as a treatment facility. Ponds Q, R and S at Energy Mine No. 2 were never constructed. These ponds were to be located in an area that was reclaimed in 1980. CYCC submitted data showing that the vegetative cover on the reclaimed area is greater than the approved reference area and that the untreated water meets water quality standards. The Division approved a revision eliminating the requirement to construct the three ponds. - It has been observed during the inspections that ponds L and N at Energy Mine No. 2 have not been constructed. The drainage area has been ~inbo. reclaimed, appears stabilized and~here is no evidence of siltation off the area. The Division finds that permit application must be revised to reflect the fact that ponds L and N are not constructed. This revision should be similar to the revision for ponds Q, R and S. A revision was approved for Pond A to increase the storage capacity from 56.4 acre-feet to 136.4 acre-feet. Necessary water rights were acquired for the increased capacity. The Colorado State Engineers Office and the U.S. Mine Safety and Health Administration were consulted with regard to the increase.