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• IV. Review Process <br />The CO-DBMS reviewed the PAP under the Colorado State program, the Federal lands <br />program (30 CFR Chapter VII, Subchapter D), and the Colorado cooperative agreement <br />(30 CFR § 906.30). Pursuant to the Colorado State program and the cooperative <br />agreement, CO-DAMS approved the permit revision on May 4, 2007. <br />The Office of Surface Mining Reclamation and Enforcement (OSM) has consulted with <br />other Federal agencies for compliance with the requirements of applicable Federal laws. <br />Their comments and/or concurrences are included in this decision document. <br />The Bureau of Land Management (BLM) reviewed the Resource Recovery and Protection <br />Plan for compliance with the Mineral Leasing Act of 1920, as amended, and 43 CFR Part <br />3480. The BLM recommended approval of the mining plan in a memorandum dated May <br />2, 2007. In this same memorandum, the Bureau of Land Management concurred with the <br />proposed mining plan with respect to Federally-owned surface lands under its <br />management within the proposed mining plan area. <br />In accordance with the September 24, 1996, Biological Opinion and Conference Report <br />from the U.S. Fish and Wildlife Service (USF&WS) to OSM, OSM sought comments <br />from the USF&WS on threatened and endangered species. In a Biological Opinion dated <br />November 6, 2006, the USF&WS concurred with OSM's Biological Assessment and that <br />• species-specific protective measures did not need to be developed for this mining plan <br />modification. In a final Biological Opinion dated March 9, 2007, the USF&WS required <br />that Colowyo Coal Company, LP enter into a Recovery Agreement and make aone-time <br />contribution for water depletions to the Recovery Implementation Program for <br />Endangered Fish Species in the Upper Colorado River Basin. <br />The State Historic Preservation Officer concurred with the proposed mining plan in a <br />letter dated Apri130, 2007. <br />I have determined that the mining plan modification does not include any lands within an <br />area designated as unsuitable for all or certain types of surface coal mining operations <br />under section 522(b) of SMCRA. The permit findings prepared by the regulatory <br />authority demonstrate that reclamation as required by the Act and regulatory program is <br />technologically and economically feasible. <br />The mining plan modification area is not on any Federal lands within the boundaries of <br />any national forest. <br />I have determined that approval of this mining plan modification would not have a <br />significant impact on the quality of the human environment. The environmental analysis <br />prepared by the Office of Surface Mining entitled Supplemental Envirozzmental <br />Assessment, Colowyo Mine, Federal leases C-0123467, C-29225 and C-29226, and noted <br />in the Finding of No Significant Impact (FONSI), describes the impacts that may result <br />