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• The CO-DMG has carried-over four permit stipulations, Stipulation Nos. 14, 16, 25, and 34, attached to a previous permit revision, and has attached no new stipulations to this permitting action. An explanation of each stipulation and the requirements for their resolution can be found in the State Permit Findings Document made a part of this Mining Plan Decision Document. Oxbow Mining, LLC's proposal does not require any additional special conditions to comply with Federal laws. IV. Review Process The CO-DMG reviewed the PAP under the Colorado State program, the Federal lands program (30 CFR Chapter VII, Subchapter D), and the Colorado cooperative agreement (30 CFR § 906.30). Pursuant to the Colorado State program and the cooperative agreement, CO-DMG approved the permit revision on January 27, 2003. The Office of Surface Mining Reclamation and Enforcement (OSM) has consulted with other Federal agencies for compliance with the requirements of applicable Federal laws. Their comments and/or concurrences are included in the decision document. The Bureau of Land Management (BLM) reviewed the Resource Recovery and Protection Plan for compliance with the Mineral Leasing Act of 1920, as amended, and 43 CFR Part • 3480. The BLM recommended approval of the new mining plan in a memorandum dated May 16, 2003. In this same memorandum the Bureau of Land Management concurred with the proposed new mining plan with respect to Federally owned surface lands under their management within the proposed mining plan azea. In accordance with the September 24, 1996, Biological Opinion and Conference Report from the U.S. Fish and Wildlife Service (USFWS) to OSM, OSM sought comments from the USF&WS on threatened and endangered species and has incorporated the necessary reporting requirements into the Proposed Decision and Findings of Compliance for Permit Revision No. 5, Somerset / Sanborn Creek /Elk Creek Mine, C-1981-022. The USF&WS and OSM did not develop or recommend any species-specific protective measures. OSM concurs with the State Historic Preservation Officer's (SHPO) assessment and recommendations for protection of cultural resources, as stated in the SHPO concurrence letter dated September 12, 2002. The proposed area of mining plan approval is not unsuitable for mining according to section 522(b) of SMCRA. The reining plan modification area associated with Permit Revision No. 5 is located on • Federal lands west of the 100th meridian within the boundaries of the Gunnison National Forest. However, the Secretary of Agriculture finds that these lands do not have