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Two special conditions of this mining plan modification <br />approval will (1) protect unsurveyed cultural resources in <br />the event that new subsidence or cultural resources <br />information indicates that cultural resources may be <br />affected by subsidence and (2) will protect a Cooper's hawk <br />nest in Section 16 from surface disturbance. <br />The four conditions of the previous mining plan approval <br />also are being carried forward in the proposed mining plan <br />approval document. The first of those four conditions is <br />identical to the first condition proposed for approval of <br />this mining plan modification. The second condition of the <br />previous mining plan approval is reiterated in a more <br />specific manner in the other condition proposed for approval <br />of this mining plan modification. <br />Colorado Mined Land Reclamation Division (MLRD) reviewed the <br />technical revision application under the Colorado State <br />program, the Federal lands program (30 CFR Chapter VII, <br />Subchapter D), and the Colorado cooperative agreement <br />(30 CFR 906.30). Pursuant to the Colorado State program and <br />the cooperative agreement, Colorado MLRD approved the <br />technical revision on July 12, 1989. <br />OSM has consulted with other Federal agencies for compliance <br />with the requirements of applicable Federal laws, and their <br />• comments and concurrences are included in the decision <br />document. The resource recovery and protection plan was <br />reviewed by the Bureau of Land Management (BLM) for <br />compliance with the Mineral Leasing Act of 1920, as amended, <br />and 43 CFR Part 3480, and BLM recommended approval of the <br />mining plan modification in letters dated June 30, 1989 and <br />November 1, 1989. The U.S. Fish and Wildlife Service <br />provided its final consultation comments under Section 7 of <br />the Endangered Species Act in a letter dated July 14, 1989. <br />The State Historic Preservation Officer concurred with OSM's <br />December 8, 1989 assessment and recommendations for <br />protection of cultural resources on December 15, 1989. The <br />U.S.D.A. Forest Service, as the Federal land management <br />agency, concurred with the proposed mining plan action in a <br />letter dated August 21, 1989. <br />i have determined that the proposed area of mining plan <br />approval is not unsuitable for mining in accordance with <br />section 522 (b) of SMCRA. <br />The technical revision area is located on Federal lands <br />within the boundaries of the Gunnison National Forest. <br />However, based on OSM's analysis and on the concurrence of <br />the U.S.D.A. Forest Service, the surface operations and <br />impacts of the Mt. Gunnison No. 1 mine are incident to an <br />. underground coal mine and will not be incompatible with <br />significant recreational, timber, economic, or other values <br />of the Gunnison National Forest. <br />