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• compliance with the requirements of applicable Federal laws. <br />Their comments and/or concurrences are included in the <br />decision document. <br />The Bureau of Land Management (BLM) reviewed the <br />resource recovery and protection plan for compliance <br />with the Mineral Leasing Act of 1920, as amended, and <br />43 CFR Part 3480. The BLM recommended approval of the <br />mining plan actions in a memorandum dated June 7, 1996. <br />The U.S. Fish and Wildlife Service (USFWS) provided its <br />final consultation comments under Section 7 of the <br />Endangered Species Act in a memorandum dated February <br />6, 1995. In a telecom on May 31, 1996, OSM confirmed <br />with Mr. Terry Ireland of USFWS that the February 6, <br />1995 consultation remained valid. Also, on June 11, <br />1996, OSM confirmed that TCC had paid all monies due to <br />the National Fish and Wildlife Foundation on June 7, <br />1995. <br />The State Historic Preservation Officer (SHPO) <br />concurred with the proposed mining plan actions on June <br />5, 1996 by signature of an OSM letter dated June 4, <br />1996. The OSM letter supplemented previous BLM and DMG <br />consultation with the SHPO. <br />• The proposed areas of mining plan approval are not <br />unsuitable for mining according to section 522 (b) of SMCRA. <br />The proposed mining plan areas are not on any Federal lands <br />within the boundaries of any national forest. <br />I have determined that approval of this new mining plan and <br />modifications will not have a significant impact on the <br />quality of the human environment. The environmental <br />analysis prepared by BLM and OSM for Environmental <br />Assessments CO-016-91-027 and CO-016-95-020 noted in the <br />Finding of No Significant Impact (FONSI), describe the <br />impacts that may result from approval of this mining plan <br />action and its alternatives. The FONSI and supporting <br />environmental analyses are included in this decision <br />document. <br />OSM's review of the proposed action identified two major <br />issues that required resolution. OSM was concerned with <br />DMG's negative determination for Foidel and Middle Creek <br />alluvial valley floors that overlie the proposed longwall <br />panels in the proposed permit revision area. OSM was also <br />concerned that DMG had not adequately addressed concerns <br />raised by BLM in its Environmental Assessment (CO-016-95- <br />020) prepared for leasing of Federal lease COC-54608 <br />• concerning excessive headcutting and erosion on the stream <br />channels of Foidel and Middle Creeks. After review of a <br />letter from DMG dated May 30, 1996, OSM determined that its <br />