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The postmining land use within the permit and mining plan <br />area will not change. <br />The DMG has attached two new permit stipulations to this <br />permitting action and has carried-over no other <br />stipulations. The new stipulations are described in the <br />State Decision Document section of this decision document. <br />National King Coal, LLC's proposal does not require any <br />special conditions to comply with Federal laws. <br />V. Review Process <br />The DMG reviewed the PAP under the Colorado State program, <br />the Federal lands program (30 CFR Chapter VII, <br />Subchapter D), and the Colorado cooperative agreement (30 <br />CFR §30 CFR 906.30). Pursuant to the Colorado State program <br />and the cooperative agreement, DMG approved the permit <br />revision on November 5, 1998. <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 />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 modification in a memorandum dated October <br />19, 1998. <br />OSM's independent review dated October 27, 1998, of the <br />effects of the proposed action on threatened and <br />endangered species indicates that no adverse effects <br />will occur to any threatened or endangered species as a <br />result of the proposed action. This determination is <br />based upon: <br />1)prior consultation with U.S. Fish and Wildlife <br />Service dated December 8, 1997 per Section 7 on <br />the Endangered Species Act, regarding Permit <br />Revision No. 5 at the King Coal Mine, and <br />2) the fact that no additional water depletion <br />from the Upper Colorado River basin will occur as <br />a result of this mining plan approval. <br />OSM concurs with the State Historic Preservation <br />Officer's (SHPO) assessment and recommendations for <br />• protection of cultural resources, as stated in the SHPO <br />concurrence letter dated March 9, 1998. <br />