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On August 11, 1981 the Natural Resources Defense Council, Inc. and several <br />gamed petitioners appealed OSM's approval of the permit for the Mt. <br />'~ <br />Gunnison No. 1 mine to the Department of the Interior Board of Surface <br />Mining and Reclamation Appeals (now Board of Land Appeals). A subsequent <br />motion to dismiss filed by ARCO and the State of Colorado was not granted <br />and the evidentiary hearing was held. A recommended decision by the <br />Administrative Law Judge upholding OSM's decision is under consideration <br />by the Board. No decision by the Board has been reached at this date. <br />The public was notified of the availability of the permit application <br />package for review by publication in the North Fork Times, Paonia, <br />Colorado, for four consecutive weeks ending April 11, 1985. No public <br />comments on the permit application package were received after the public <br />notice was published. <br />The Mt. Gunnison No. 1 Mine permit application was reviewed by the <br />Colorado MLRD, uaiag the approved Colorado State Program, the Federal <br />Lando Program (30 CFR Chapter VII, Subchapter D) and the Colorado <br />Cooperative Agreement (30 CFR Part 906). The operation sad reclamation <br />plan portion of the permit application package was reviewed by OSM for <br />compliance with SMCRA, the Federal Lands Program, and all other <br />requirements of applicable Federal laws. The resource recovery and <br />protection plan was reviewed by the Bureau of Land Management for <br />compliance with 43 CFR Part 3480. <br />• The Proposed Decision and Findings of Compliance for approval of the <br />permit application package was prepared by the Colorado MLRD. The <br />environmental assessment of the proposed action and alteraativea was <br />prepared by OSM. These documents, other documents prepared by Colorado <br />MLRD, the company's permit application package, and other correspondence <br />developed during the completeness and technical reviews are part of OSM's <br />mining plan and the administrative record. <br />A chronology of events related to the processing of the permit application <br />package is included with this memorandum. <br />Written concurrence was provided by Bureau of Land Management, Branch of <br />Solid Minerals; U.S. Fish and Wildlife Service; the State Historic <br />Preservation Officer; Bureau of Land Management sad U. S. Forest Service <br />as surface managing agencies. <br />The proposed mining plan approval document contains 5 special conditions <br />of approval. Condition 1 requires mitigation for cultural reaourcea that <br />may be disturbed by unanticipated surface subsidence. These are areas <br />that were not surveyed during baseline studies because ao subsidence was <br />expected. Conditions 2, 3 and 4 require protection of important wildlife <br />habitats and species along the riparian areas of the North Fork of the <br />Gunnison River. These are special conditions requested by BLM. Condition <br />number 5 requests the applicant to submit a new bond rider corrected to <br />include the U.S.A. ae co-obligee with the State. <br />