GENERAL38743

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 4/23/1996
• Doc Name: Recommd Approval Fed Leases COC-56447 & C-1362
• From: OSM
• To: LAND AND MINERALS MANAGEMENT
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

• special conditions to comply with Federal law. These permit
conditions currently apply to the mining plan for Federal
lease C-1362 and are included in this approval because tYie
proposed activities and their location with respect to the
eagle's nest buffer zone located immediately west of Federal
lease C-1362 are the same as those approved in the current
mining plan area for Federal lease C-1362. Except for the
condition protecting cultural sites from subsidence, the
proposed mining plan area for Federal lease COC-56447 is
located such that it would have no effect on the resources
protected by the remainder of the special conditions that
apply to Federal lease C-1362. Therefore, only the special
condition concerning cultural sites/subsidence is applicable
to Federal lease COC-56447.
Colorado Division of Minerals and Geology (DMG) reviewed the
PAP under the Colorado State program, the Federal lands
program (30 CFR Chapter VII, Subchapter D), and the Colorado
cooperative agreement (30 CFR § 30 CFR 906.30). Pursuant to
the Colorado State program and the cooperative agreement,
DMG approved the permit revision on January 26, 1996.
The Office of Surface Mining Reclamation and Enforcement
(OSM) has consulted with other Federal agencies for
compliance with the requirements of applicable Federal laws,
and their comments and concurrences are included in the
• decision document. The resource recovery and protection
plan was reviewed by the Bureau of Land Management (BLM) for
compliance with the Mineral Leasing Act of 1920, as amended,
and 43 CFR Part 3480, and BLM recommended approval of the
new mining plan and modification in a memorandum dated
November 21, 1995. The U.S. Fish and Wildlife Service
provided its final consultation comments under Section 7 of
the Endangered Species Act in a memorandum dated October 31,
1995. OSM concurs with the State Historic Preservation
Officer's (SHPO) assessment and recommendations for
protection of cultural resources. OSM conducted an
independent review of the PAP and correspondence between the
DMG and the SHPO (see DMG letter to SHPO dated June 19 1995,
and SHPO concurrence dated February 9, 1996 in Letters of
Concurrence section of this decision document). In a
telephone conversation between OSM and the SHPO on Feb 21,
1996, the SHPO confirmed that its February 9, 1996, letter
referred to the entire permit area as delineated in the DMG
letter dated June 19, 1996 rather than just to the new
Federal lease COC-56447 area as may be interpreted from the
text of the letter. The permit area includes the Federal
mine plan action area (i.e., portions of Federal leases C-
1362 and COC-56447). Future extensions of mining into Lease
C-1362 may require additional cultural resource inventories
• before mining can proceed in those areas. Also, future
extensions of mining into the West Flatiron area of Federal
lease COC-56447 may require additional cultural resource
inventories before mining can proceed in that area. The