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• IV. Review Process <br />The CO-DMG reviewed the PAP under the Colorado State program, the Federal lands <br />program (30 CFR Chapter VII, Subchapter D), and the Colorado cooperative agreement <br />(30 CFR § 906.30). Pursuant to the Colorado State program and the cooperative <br />agreement, CO-DMG approved the permit revision on June 2, 2006. <br />The Office of Surface Mining Reclamation and Enforcement (OSM) has consulted with <br />other Federal agencies for compliance with the requirements of applicable Federal laws, <br />Their comments and/or concurrences are included in this decision document. <br />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; and 43 CFR Part <br />3480. The BLM recommended approval of the mining plan in a memorandum dated May <br />18, 2006. <br />In accordance with the September 24, 199b, Biological Opinion and Conference Report <br />from the U.S. Fish and Wildlife Service (USFc~ WS) to OSM, OSM sought comments <br />from the USF&WS on threatened and endangered species. In a Biological Opinion dated <br />June 9, 2005, the USF&WS concurred with OSM's Biological Assessment and that <br />species-specific protective measures did not need to be developed for this mining plan <br />modification_ <br />The State Historic Preservation Officer concurred with the proposed mining plan <br />modification in a letter dated Apri122, 2004. <br />I have determined that the mining plan modification does not include any lands within an <br />azea designated as unsuitable for all or certain types of surface coal mining operations <br />under section 522(b) of SMCRA. The permit findings prepared by the regulatory <br />authority demonstrate that reclamation as required by the Act and regulatory program is <br />technologically and economically feasible. <br />The mining plan area is located on Federal lands west of the 100th meridian within the <br />boundaries of the Gunnison National Forest. However, the Secretary of Agriculture finds <br />that these lands do not have significant forest cover and that this surface coal mining <br />operation complies with the Multiple-Use Sustained Yield Act of 1960 (16 U.S.C. <br />§§ 528-531), the Federal Coal Leasing Amendments Act of 1976 (Pub. L. 94-377, 30 <br />U.S.C. 201 et sue.), the National Forest Management Act of 1976 (90 Stat. 2949), and <br />the provisions of SMCRA. Based on OSM's analysis and on the concurrence of the <br />USDA Forest Service in its letter dated May 5, 2006, the West Elk Mine would not be <br />incompatible with significant recreational, timber, economic, or other values of the <br />Gunnison National Forest. <br />• <br />