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Because the Secretary of the Interior and the State of Colorado have <br />entered into a cooperative agreement which provides for the delegation <br />to the State of the permitting responsibilities for operations on <br />Federal lands pursuant to Section 523 of SMCRA, the previously issued <br />Federal permit will be dissolved upon approval of this mining plan, as <br />modified. The mining plan approval document contained herein reflects <br />the mining plan as previously approved along with the modification <br />recommended herein for approval. The mining plan approval document <br />identifies the leased Federal coal lands in the previously approved <br />mining plan area along with the leased Federal coal lands recommended <br />for approval with this modification. <br />Colorado MLRD has reviewed the PAP associated with this mining plan <br />modification under the Colorado State program, the Federal lands <br />program (30 CFR Chapter VII, Subchapter D) and the Colorado cooperative <br />agreement (30 CFR 906.30) and has recommended approval of the mining <br />plan, as modified. Pursuant to the Colorado State program and the <br />cooperative agreement, Colorado MLRD approval of the permit revision <br />for the proposed operations at the Eagle Mines No. 5 and No. 6 mine was <br />final on June 14, 1987. <br />The operation and reclamation plan portion of the PAP was reviewed by <br />OSMRE, in consultation with other Federal agencies, for compliance with <br />SMCRA, the Federal lands program, and all other requirements of <br />applicable Federal laws. The resource recovery and protection plan was <br />reviewed by the Bureau of Land Management for compliance with the <br />Mineral Leasing Act of 1920, as amended, and 43 CFR Part 3480. <br />The mining plan approval document included with this memorandum will be <br />in conformance with the Mineral Leasing Act of 1920, as amended, the <br />Surface Mining Control and Reclamation Act of 1977 (SMCRA), the Federal <br />lands program and other applicable Federal regulations, and the <br />Colorado cooperative agreement. <br />I recommend that you advise the Assistant Secretary-Land and Minerals <br />Management, under 30 CFR Part 746, that the Eagle Mines No. 5 and No. 6 <br />mine mining plan, as modified, is ready for approval. Colorado MLRD <br />has determined that a bond in the amount of $3,174,725.00 is adequate <br />for the permit associated with the mining plan modification recommended <br />for approval. <br />I have determined that approval of the mining plan, as modified, will <br />not have a significant impact on the quality of the human environment. <br /> <br />