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Decision to Require Revision The Division has conducted a midterm review under Rules 2.08.3, 2.06.2(a), 2.06.3(4), 2.06.5(3), 2.06.7(5) and 3.02.2(4). The Division finds that certain revisions and modifications are needed to ensure future compliance with the Colorado Surface Coal Mining Reclamation Act and the Regulations of the Colorado Mined Land~Reclamation Board for Coal Minino. The followino section details the revisions reouired and justification for requiring the revisions. Section IA responses should be submitted as a request for revision by May 31, 1990. IA. Revisions Reouired Because of the death of Mr. Henry Weaver, who is listed as the permittee in the Ohio Creek Coal tdine No. 2 permit application, a transfer of the coal permit and a succession of operators is reouired. Enclosed is the transfer of operators form which should be filled at and returned to the Division. The executor for the estate of Henry Weaver should sign for the permittee. Also reouired is the publication of a single public notice in the local Gunnison newspaper. I have included a public notice; proof of publication should be sent to the Division. IB. Status of Stipulations Stipulations are referred to using the numbering system in the Division's Findings of Fact issued on January 23, 1988. IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL RESOURCES ARE DISCOVERED, THE APPLICANT SHALL ENSURE THAT THE SITE(S) IS NOT DISTURBED AND SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR SHALL ENSURE THAT THE RESOURCE(S) IS PROPERLY EVALUATED IN TERMS OF NATIONAL REGISTER ELIGIBILITY CRITERIA (36 CRF 60.6). SHOULD A RESOURCE BE FOUND ELIGIBLE FOR LISTING IN CONSULTATION WITH THE REGULATORY AUTHORITY, THE LAND MANAGING AGENCY (IF THE ISTE IS LOCATED ON FEDERAL LANDSI AND THE SHPO, THE OPERATOR SHALL CONFER WITH AND OBTAIN THE APPROVAL OF THESE AGENCIES CONCERNING THE DEVELOPMENT AND IMPLEMENTATION OF MITIGATION MEASURES. No previously unidentified cultural resources have been discovered. IF THE PROPOSED UNDERGROUND DEVELOPMENT WASTE PILE EXCEEDS 1,000 CUBIC YARDS, THE APPLICANT MUST CONSULT WITH THE DIVISION ABOUT THE ADDITIONAL ENGINEERING INFORMATION AND PLANS REQUIRED. THE INFORMATION AND PLANS SHALL BE SUBMITTED TO THE DIVISION FOR REVIEW AND APPROVAL PRIOR TO EXPANSION OF THE UNDERGROUND DEVELOPMENT WASTE PILE. The operator has not constructed an underground development waste pile. The operator is in compliance with the stipulations to the permit approval.