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• In accordance with the September 24, 1996, Biological Opinion and Conference Report <br />from the U.S. Fish and Wildlife Service (USFWS) to OSM, the Colorado Division of <br />Minerals and Geology has sought comments from the USFW S on threatened and <br />endangered species and has incorporated the necessary reporting requirements into the <br />Proposed Decision and Findings of Compliance for Permit Kevision No. 5, Bowie No. 2 <br />Mine, C-96-083. The USFWS and the Colorado Division of Minerals and Geology did <br />not develop or recommend any species-specific protective measures, as indicated in the <br />USFWS letters dated July 18, 2001 and July 31, 2001. <br />OSM concurs with the State Historic Preservation Officer's (SHPO) assessment and <br />recommendations for protection of cultural resources, as stated in the SHPO concurrence <br />letter dated June 16, 2001. <br />The proposed area of mining plan approval is not unsuitable for mining according to <br />section 522(b) of SMCRA. <br />The mining plan modification area associated with Permit Revision No. 5 is not on any <br />Federal lands within the boundaries of any national forest. However, portions of the Iron <br />Point Track Lease are located on Federal lands west of the 100th meridian and within the <br />boundaries of the Gunnison National Forest and were addressed in a previous mining <br />plan action. <br />• I have determined that approval of this new mining plan will not have a significant impact <br />on the quality of the human environtnent. The environmental analysis prepared by BLM <br />and OSM for the North Fork Coal Final Environmental Impact Statement and other <br />environmental documents noted in the Finding of No Significant Impact (FONSI), <br />describe the impacts that may result from approval of this new mining plan and its <br />alternatives. The FONSI and supporting environmental analyses are included in this <br />decision document. <br />OSM's review of the proposed action did not identify any issues that required resolution <br />via the addition of special conditions to the mining plan approval. <br />Publication of a notice in [he Delta Connry Independent newspaper notified the public of <br />the availability of the administratively complete PAP for review. The last publication <br />date was June 6, 2001. No public comments on the PAP were received after the public <br />notice was published. <br />The CO-DMG determined [hat a bond for $5,225,000 is adequate for [he Colorado Permit <br />No. C-96-083 associated with this new mining plan. The bond is payable to the State and <br />the United States. <br />A chronology of events re{ated to the processing of the PAP and this mining plan decision <br />• is included with the decision document. The information in the PAP, and other <br />