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This permit termination is categorically excluded from the National Environmental Policy Act (NEPA) process because the Federal permit and mining plan approval were previously covered by the NEPA process (i.e., OSMRE's Environmental Assessment and Finding of No Significant Iapact dated May 17, 1983) II, nackground The Apex ~2 underground coal mine is located in Routt County, Colorado, approximately 6.5 miles NW of Oak Creek. The Colorado State permit area contains approximately 240 acres, all of which are leased Federal coal in the mining plan area for Federal leases D-046544 and C-0127592• The Apex #2 mine mining plan was approved under the Federal lsnds program on May 31, 1983, and the mine was permitted by OSMRE under the Federal lands program and Colorado State program also on May 31, 1983. Since the original approval of the mining plan, there have been no mining plan modifications. The U.S. Fish and Wildlife Service provided its biological opinion under Section 7 of the Endangered Species Act in a letter dated October 18, 1988 (copy attached). OSMRE'e Albuquerque Field Office Field Office has determined that the Apex J~2 mine is operating as approved in the mining plan and Federal and State permits. The Federal permit being terminated contained no special conditions of approval. The mining plan approval also does not contain special conditions of approval. The standard conditions of the existing mining plan approval are appended to this memorandum as Attachment A. III. Approval: I approve the termination of Federal permit CO-0037, issued on May 31, 1983, for the Apex ~`2 mine. The applicable standard conditions of approval of the mining plan approved by the Assistant Secretary on Map 31, 1983. are appended to this permit termination approv / ~tachment A. l~ ~~ Chief, Fe era Programs Di visio Date Western Field Operations Office of Surface Mining Reclamation and Enforcement