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<br /> <br />The public was notified of the availability of the PAP for review by <br />publication of newspaper notices for four consecutive weeks ending t~arch 6, <br />198b. No public comments on the PAP were received during the 30-day public <br />comment period after the public notice was published. <br />A technical analysis including a cumulative hydrologic impact statement <br />(CHIS) of the proposed mining and reclamation operations was prepared by <br />Colorado MI.RD and was included in the documentation provided by Colorado <br />D'Q.RD to OSMRE pursuant to the cooperative agreement. In the CHIS, Colorado <br />MLRD considered the impacts of all existing and anticipated mining on <br />surface- and ground-water systems, including all operations required to <br />meet diligent development requirements for leased Federal coal for which <br />there is mine development information available. The environmental <br />assessment of the proposed action and alternatives was prepared by OSMRE. <br />These documents, other documents prepared by Colorado MLRD the company's <br />PAP, and other correspondence developed during the completeness and <br />technical reviews are part of OSMRE's administrative record. <br />A chronology of events related to the processing of the PAP is included <br />with this memorandum. <br />BIM recommended approval of the mining plan, as modified, in a letter dated <br />July 30, 1986. The U.S. Fish and Wildlife Service (USFWS) provided its <br />biological opinion under Section 7 of the Endangered Species Act in a <br />letter dated May 27, 1987. The State Historic Preservation Officer <br />concurred with OSMRE's assessment and recommendations for protection of <br />cultural resources in a letter dated August 8, 1985. The U. S. Forest <br />Service concurred in the approval of the mining plan modification in a <br />letter dated October 3, 1986. <br />The proposed mining plan approval document contains 4 special conditions of <br />approval. Special condition 1 was included in the existing mining plan <br />approval and is retained on this approval. This special condition requires <br />additional cultural resource studies should OSMRE, in consultation with <br />Colorado MI.RD, and the SHPO determine that subsidence may adversely affect <br />known or unrecorded cultural sites. <br />Special conditions 2 through 4 were also included in the existing mining <br />plan approval and are retained here. These special conditions limit <br />disturbance in eagle and Cooper's hawk nest buffer zones and require BLM <br />and USFWS approvals before affecting aquatic habitat of the North Fork of <br />the Gunnison River, and within a 1/8-mile riparian buffer zone. <br />No additional special conditions were placed on this decision. BIT1 <br />identified a concern involving the extensive buffer zones for subsidence <br />control to mitigate impacts to surface water. Stipulations 4 and 19 on <br />Colorado MI.RD's permit require respectively, that the subsidence protection <br />plan for Minnesota Creek be based on subsidence monitoring information, and <br />that future permit submittals utilize the most current subsidence <br />monitoring information with particular attention focused on designated safe <br />buffer areas. In addition a mining plan approval will be required for the <br />mining of these areas and BIM can review those issues at that time. <br />Therefore, a stipulation to the mining plan approval was not needed. <br />- 4 - <br />