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-3- <br />from the surface facilities will be directed towards a sediment pond with up- <br />land undisturbed flows ducted around the physically disturbed areas. OSM and <br />• ~ •CMLRD finds that the proposed surface coal mining and reclamation operation <br />will preserve, throughout the mining and reclamation process, the essentia] <br />hydrologic functions of the alluvial valley floor and see Sec. VII, page 15 of <br />TA) 02.07.6(2)(1), 785.19(1)]. <br />14. The proposed postmining land use of the permit area has been approv- <br />ed by OSM and will remain wildlife and domestic grazing habitat. [786.19(m)] <br />(See Land Use, letter from the BLM located in attachment C), [2.07.6(2)(1), <br />786.19(m)]. <br />15. The Colorado Mined Land Reclamation Division and OSM have made all <br />specific approvals required by the Act, the approved Colorado State Program <br />and the Federal Lands Program See OSM Surtmary of Findings) [2.07.6(2)(m), <br />786.19(n)]. <br />16. The proposed operation will not affect endangered and threatened <br />species (if they exist in the permit area) or result in the destruction of <br />adverse modification of their critical habitats. The USFWS concurred with the <br />application (see second paragraph USFWS, concurrence section) and made some <br />suggestions. OSM considered the USFWS suggestions and felt these suggestions <br />did not warrant stipulation, especially in light of the fact that the Colorado <br />Division of Wildlife (DOW} feels there is little potential for adverse impact <br />on wildlife in the area since most disturbing activities have already taken <br />place. DOW is the regulatory agency for game species in the State of <br />Colorado. (See Fish & Wildlife Section, pg. 24, Sec. XIII of TA), [2.07.6(2)- <br />(n), 186.19(0)]. <br />17. All procedures for public participation required by the Act, and the <br />notification required in the approved Colorado State program, the Federal <br />Lands Program, and Council on Environmental Quality regulations (40 CFR Part <br />1500 et seq.) have been complied with (See Chronology of Events) <br />18. The applicant has complied with all other requirements of applicable <br />Federal laws, (See concurrence letters from other agencies.) <br />Tec m ca Project icer <br />Administrator <br />Western Technical Center <br /> <br />