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<br />Mine No. 3; Midterm Findings <br />into the Foidel Creek Mine permit. TR-98-31 is currently under review by the Division, <br />therefore, Mine No. 3 Stipulation No. 22 remains active. <br />Stipulation No. 23 has been added to the permit in response to resolution of Stipulation <br />No. 20: Colorado Yampa Coal Company shall provide information regarding the <br />resolution of the Pittston Comprehensive Settlement Agreement that covers the violations <br />of A&D Coal, Black Gold Coal, Elkins Energy, Elkins Coal, Gold Chip Coal, Brothers <br />Coal, D & J Coal, Janice Mane Coal, and Glory Coal. Proof of resolution of the <br />comprehensive agreement must be submitted to the Division as soon as it becomes <br />available. <br />IV. Permit Variances <br />Rules 2.06.2, 2.06.3, 2.06.5, and 2.06.7 require that experimental practices, mountaintop <br />removal vaziances, steep slope mining, variances from AOC, and variances from <br />contemporaneous reclamation be reviewed by the Division where applicable. Mine No. <br />permit does not include any operations under these vaziance categories. <br />V. Decision to Require Revisions: <br />Items that need to be brought up to date or defined more cleazly resulting from this mid- <br />term review consist of: <br />In accordance with Rule 2.03.4(3), please assure that the information regarding <br />Officers, Ownership, and other "Persons" who "own or control" Colorado Yampa <br />Coal Company or any of its parent companies is up to date. <br />2. Are all items pertaining to Rule 2.03.4(3)(e), (4), and (6) currently correct? Please <br />update any of the information [hat is not current. <br />3. Please assure that all information pertaining to Rule 2.03.4(7) is current. <br />4. Please assure that all information regarding Rule 2.03.6 is current and provide <br />updates as necessary. <br />5. Map 3 needs to be certified in compliance with Rule 2.04.6(2)(a) and 2.10.3(2). <br />6. Rule 2.10.3(1)(k) requires a map identifying the location and extent of known <br />workings of active, inactive or abandoned underground mines, within the permit azea <br />and adjacent azeas. This detail has apparently not been provided for the Middle <br />Creek Mine. Please provide detail of the underground workings. <br />7. The criteria for measuring successful diversity on the reclaimed azea is stated on <br />permit page 2.05-91 as, "Pursuant to Rule 4.15.8, the Colorado Yampa Coal <br />Company is proposing to use a weighted average of the species diversity index for the <br />four vegetation types as performance standazd for all pastureland reclamation <br />