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Assistant Secretarial Findings For <br />Mininq Plan Approval <br />Mt. Gunnison No. 1 Mine <br />West Elk Coal Company Inc. <br />1. The Assistant Secretary determines that approval of the Mt. <br />Gunnison No. 1 mine mining plan including the operation and <br />reclamation plan portion of the permit application, complies <br />with the Mineral Leasing Act of 1920, as amended, the terms <br />of the leases, the Federal lands program, and all other <br />requirements of applicable Federal laws. (See Office of <br />Surface Mining Reclamation and Enforcement Findings, the <br />Bureau of Land Management's letters dated July 30, 1986 and <br />October 30, 1987 and U. S. Forest Service's letter dated <br />October 3, 19861• <br />2. The Department has considered the effect of a decision on the <br />mining plan on historic properties in accordance with the <br />National Historic Preservation Act. (See the State Historic <br />Preservation Officer's letter dated August 8, 1985 and the <br />memorandum of documentation concurred in by OSMRE's Historic <br />Preservation Officer dated October 30, 1987). <br />3. The proposed operation is not Likely to jeopardize the <br />continued existence of threatened or endangered species or <br />result in the destruction or adverse modification of their <br />critical habitats, as determined under the Endangered Species <br />Act of 1973 (16 U.S.C. 1531 et sec.). (See the U. S. Fish and <br />wildlife Service's letter dated May 27, 1987). <br />~NOV 18 1987 <br />to <br />