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Environmental Assessment <br /> OSMRE Field Operations Branch <br /> This branch of OSMRE,Western Region is responsible for the Federal Lands Program and the creation of <br /> Mining Plan Decision Documents for the Assistant Secretary for Land and Minerals Management <br /> (ASLM)review. Once the Regulatory Authority informs OSMRE of a permit revision occurring for <br /> leased federal coal and/or federal surface, OSMRE reviews the PAP to ensure it contains the necessary <br /> information to comply with the coal lease,the MLA,the NEPA and other applicable federal laws and <br /> their attendant regulations (refer to Section 1.8). Then,in consultation with the BLM, OSMRE must <br /> determine if the action requires a mining plan decision document.While OSMRE is prohibited from <br /> implementing any function of the MLA, 30 CFR§ 740.4(b) and 746.13 require the OSMRE to provide a <br /> MLA mining plan decision document recommendation for Secretarial approval. If a mining plan decision <br /> document is deemed necessary,pursuant to 30 CFR 746, OSMRE must: <br /> ■ For new mining plans, or <br /> ■ For existing approved mining plans that are proposed to be modified <br /> prepare and submit to the ASLM a mining plan decision document recommending approval,disapproval, <br /> or approval with condition(s) of the proposed mining plan modification. OSMRE's recommendation is <br /> based, at a minimum,upon: <br /> 1. The Permit Application Package (PAP) (GCC 2017) <br /> 2. Information prepared in compliance with the NEPA—including this EA <br /> 3. Documentation assuring compliance with the applicable requirements of federal laws, <br /> regulations, and executive orders other than the NEPA <br /> 4. Comments and recommendations or concurrence of other federal agencies and the public <br /> 5. Findings and recommendations of the BLM with respect to the Resource Recovery and <br /> Protection Plan (R2P2), federal lease requirements, and the MLA <br /> 6. Findings and recommendations of the CDRMS with respect to the mine permit <br /> application and the Colorado State program <br /> 7. The findings and recommendations of the OSMRE with respect to the additional <br /> requirements of 30 CFR Chapter VII, Subchapter D <br /> To assist with assuring compliance with other federal laws, regulations, and executive orders,the <br /> OSMRE also reviews, at a minimum,the following documents to make its recommendation to the <br /> ASLM <br /> ■ Information/correspondence concerning the U.S. Fish and Wildlife Service (USFWS) Section 7 <br /> consultation for threatened and endangered(T&E) species potentially affected by the proposed <br /> mining plan under the Endangered Species Act of 1973 (ESA) <br /> ■ National Historic Preservation Act of 1966 (NHPA) Section 106 consultations for the affected <br /> area <br /> DOI-BLM-CO-S010-2011-0074-EA <br /> September 2017 <br /> -17- <br />