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• condition to ensure protection of endangered fishes in the <br />Colorado River Basin. That condition has been included in <br />the mining plan approval document. <br />Colorado Division of Minerals and Geology (DMG) reviewed the <br />PAP under the Colorado State program, the Federal lands <br />program (30 CFR Chapter VII, Subchapter D), and the Colorado <br />cooperative agreement (30 CFR ~ 906.30). Pursuant to the <br />Colorado State program and the cooperative agreement, <br />Colorado DMG's approval of the permit revision was final on <br />November 20, 1994. <br />The Office of Surface Mining Reclamation and Enforcement <br />(OSM) has consulted with other Federal agencies for <br />compliance with the requirements of applicable Federal laws, <br />and their comments and concurrences are included in the <br />decision document. The resource recovery and protection <br />plan was 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 in a memorandum dated March 8, 1994. The U.S. <br />Fish and Wildlife Service provided its final consultation <br />comments under Section 7 of the Endangered Species Act in a <br />memorandum dated June 30, 1994. OSM confirmed on November <br />18, 1994 that the June 30, 1994 Biological Opinion of the <br />U.S. Fish and Wildlife Service was still valid. Based upon <br />• independent review, OSM concurs with the State Historic <br />Preservation Officer's (SHPO) assessment and recommendations <br />for protection of cultural resources, as stated in the SHPO <br />concurrence letter dated June 20, 1994. <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 permit revision area is not on any Federal lands within <br />the boundaries of any national forest. <br />OSM has determined that approval of this mining plan will <br />not have a significant impact on the quality of the human <br />environment. The impacts of approval of this mining plan <br />and alternatives are described in the environmental <br />assessment attached to the Finding of No Significant Impact <br />(FONSI) included with the decision document. <br />The mining plan approval document included in the decision <br />document is in conformance with the Mineral Leasing Act of <br />1920, as amended, and applicable Federal regulations. I <br />recommend that you advise the Assistant Secretary, Land and <br />Minerals Management, under 30 CFR Part 746, that the MCC's <br />West Elk Mine mining plan for Federal lease COC-54558 is <br />• ready for approval. <br />