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4 y <br />II. Background <br />The Ohio Creek No. 2 underground coal mine is located in Gunnison <br />County, Colorado, 16 miles northwest of Gunnison. The Colorado Stste <br />permit area contains approximately 80 acres. These 80 acres are also <br />leased Federal coal in the mining plan area for Federal lease C-069942. <br />The Ohio Creek No. 2 mine mining plan was originally approved under the <br />Federal lands program on March 2, 1982, and the mine was permitted by <br />OSMRE under the Federal lands program on October 15, 1982 and Colorado <br />State program on January 18, 1982. Since the original approval of the <br />mining plan, there have been no mining plan modifications approved. <br />The U.S. Fish and Wildlife Service provided its biological opinion under <br />Section 7 of the Endangered Species Act in a letter dated November 10, <br />1987. OSMRE's Albuquerque Field Office has determined that the Ohio <br />Creek No. 2 mine is operating as approved in the mining plan and Federal <br />and State permits and provided comments in a memorandum dated February <br />18, 1988. <br />The Federal permit being terminated contained the following special <br />conditions of approval: <br />CONDITIONS <br />1. The operator shall ensure that a sample survey for cultural resources is <br />performed on all areas where there is the potsntial for subsidence. <br />Emphasis should be directed toxards the determination of the presence or <br />absence of site which mqy be sensitive to the adverse effects of <br />subsidence, e.g., historic and prehistoric structures and/or structural <br />remains, rock shelters, and rock art sites. If such resources are <br />located, further surveys may be necessary. <br />2. Should a site which may be sensitive to subsidence be located, the <br />operator shall consult with the Colorado MLRD and OSMRE to determine <br />whether mitigation measures or monitoring activities are necessary to <br />either avoid adverse impacts or to determine xhether the site will he <br />impacted by subsidence. <br />Both of these conditions remain as special conditions of the mining plan <br />approval to ensure cultural resource protection. <br />III. Approval: <br />I approve the termination of Federal permit CO-031, issued on October 15, <br />1982, for the Ohio Creek No. 2!r¢ine. The applicable standard and special <br />conditions of approval of the mining plan approved by the Assistant Secretsry <br />on March 2, 1982, are appended to this permit termination approval as <br />Attachment A. <br />Chief, Federal Programs Division'- <br />Western Field Operations <br />Office of Surface Mining Reclamation and Enforcement <br />c <br />S' a % ~~ <br />Dat <br />