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This permit termination is categorically excluded from the National Environmental Policy Act (NEPA) process because the Federal permit and mining plan approval were previously covered by the NEPA process (i.e., OSMRE's Environmental Assessment and Finding of No Significant Impact dsted January 10, 1983) II. Background The Colowyo mine is a surface coal mine located in southeastern Moffat County, Colorado. The Colorado State permit area contains approximately 5,500 acres, approximately 2,560 acres of which are leased Federal coal in the mining plan area for Federal leases D-034365 and C-35874. Mining is currently projected to continue until the year 2017. The Colawyo mine mining plan was originally approved under the Federal lands program on February 18, 1983, and the mine was permitted by OSMRE under the Federal lands program on February 22, 1983. Since the original approval of the mining plan, there have been no mining plan modifications. The U.S. Fish and Wildlife Service provided its biological opinion under Sectio^ 7 of the Endangered Species Act in a letter dated April 18, 1988 (copy attached). OSMRE's Albuquerque Field Office has determined that the Colowyo mine is operating as approved in the mining plan and Federal and State permits. The Federal permit being terminated contained eight special conditions of approval. Seven of these xere state conditions and one was a special Federal condition. The conditions and their current status are described ss follows: Stipulation No. 1: 4 Within six months of permit issuance, the permittee will submit a revised surface xater monitoring plan sufficient to verify the predicted effects of mining activities. Specially, the plan will address monthly measurements of flow and field parameters on Spring Creek and Taylor Creek, in addition to the pond discharge sampling and quarterly stream sampling as specified in the application. The location of all monitoring stations should be indicated on a map. The monitoring plan will be subject to approval by the regulatory authority. Status: Resolved in May 6, 1983, latter from MLRD to Colowyo Coal Company. Stipulation No. 2: Within two months of per~it issuance, the permittee must present information to the regulato~,y authority demonstrating that the work area sediment pond is capable of teleasing stored water in excess of two acre-feet within 36 hours, or submit an appropriate application for a court approved augmentation plan to replace the water stored out of priority. Status: Resolved in the State Decision Document dated July 10, 1987 for the permit renewal application approval.