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• 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, 43 CFR Part <br />3480 and Federal coal lease C-1362. The BLM recommended approval of the mining <br />plan in a memorandum dated August 8, 2007. <br />The USDA Forest Service sought comments from the Fish and Wildlife Service <br />(USFWS) on threatened and endangered species. In a Biological Opinion dated August <br />2, 2007, the USFWS concurred with the U.S. Forest Service's Biological Assessment and <br />that species-specific protective measures did not need to be developed for this mining <br />plan modification. <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(6) of SMCRA. The proposed permit decision prepared by the <br />regulatory authority demonstrate that reclamation as required by the Act and regulatory <br />program is technologically and economically feasible. <br />The mining plan area is located on Federal lands within the boundaries of the Gunnison <br />National Forest. The USDA Forest Service determined that Mountain Coal Company, <br />L.L.C.'s proposal requires a special condition to comply with Federal laws. Specifically, <br />Mountain Coal Company, L.L.C must comply with the post mining land use directions <br />• and protections for non-mineral resources contained in the USDA Forest Service's <br />Record of Decision dated August 17, 2007, and attached hereto. <br />Based on OSM's analysis and the USDA Forest Service Record of Decision dated August <br />17, 2007, and its formal concurrence dated October 15, 2007, there are no significant <br />recreational, timber, economic, or other values of the Gunnison National Forest that <br />would be incompatible with the proposed surface coal mining operation and the proposed <br />operations and impacts are incidental to an underground coal mine. <br />The State Historic Preservation Officer concurred with the proposed mining plan <br />modification in a letter dated September 9, 2005. <br />The Final Environmental Impact Statement entitled, Deer Creek Shaft mid E Seam <br />Methane Drainage Wells Project (August 2007) prepared by the USDA Forest Service, <br />with OSM and BLM as a cooperating agencies, describes the impacts that may result <br />from approval of this mining plan modification and its alternatives. OSM, as a <br />cooperator, has independently reviewed the EIS and concludes that its comments and <br />suggestions have been satisfied; therefore, OSM adopts this EIS. A summary of the <br />above described EIS is included in this decision document. The full EIS is available from <br />Charles Richmond, Forest Supervisor, Grand Mesa, Uncompahgre, Gunnison NFs, 2250 <br />Highway 50, Delta, Colorado, 81416. <br />• <br />