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<br />'--~ -3- <br />~_, 13. With respect to the Stevens Gulch and North Fork of the Gunnison a <br />positive alluvial valley Eloor determination has been made. The essential <br />hydrologic functions of this area has been previously impacted and no <br />significant additional impact will occur. Other potential alluvial valley <br />floors lie outside the adjacent area (See page 5 of TA and MRP Section 2.06.8 <br />page 15)(786.19(1). <br />14. The proposed postmining land <br />permit area has been approved by the <br />and OSM (See TA page L)(786.19(m)). <br />use (Range land and Orchard) of the <br />Colorado Mined Land Reclamation Division <br />15. The Colorado Mined Land Reclamation and OSM have made all specific <br />approvals required by [.he Act, the approved Colorado State Program and the <br />Federal Lands Program (See State recommendation letter and OSM's <br />Summary of Findings(786.19(n)). <br />16. A Golden Eagle Nest is located within the permit area, however, CWI <br />will not expand their surface facilities inside of the 1,000 ft. buffer zone <br />surrounding the nest. The proposed operation will not affect the continued <br />existence of endangered and threatened species or result in the destruction or <br />adverse modification of their critical habitats (See U.S. Fish and Wildlife <br />Letter)(786.19(0)). <br />17. All procedures for public participation required by the Act, the <br />~ approved Colorado State program, the Federal Lands Program, and Council on <br />'~ ,. Environmental Quality regulations (40 CFR Part 1500 et seq.) have been <br />complied with (See Chronology of Events) (741.21(a)(2)Cii)). <br />18. The applicant has complied with all other requirements of applicable <br />Federal laws as listed to this memorandum. (See concurrence Letter Erom other <br />agencies). <br />Prior to the permit taking effect, the <br />stating its compliance with the stipulations <br />applicant must forward a letter <br />in the permit. <br />Tect ical oSjecTOfficer <br />Deputy Administrator <br />Western Technical Center <br /> <br />