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• condition to ensure protection of endangered fishes in the <br /> Colorado River Basin. That condition has been included in <br /> the mining plan approval document. <br /> Colorado Division of Minerals and Geology (DMG) reviewed the <br /> PAP under the Colorado State program, the Federal lands <br /> program (30 CFR Chapter VII, Subchapter D) , and the Colorado <br /> cooperative agreement (30 CFR § 906 .30) . Pursuant to the <br /> Colorado State program and the cooperative agreement, <br /> Colorado DMG' s approval of the permit revision was final on <br /> November 20 , 1994 . <br /> The Office of Surface Mining Reclamation and Enforcement <br /> (OSM) has consulted with other Federal agencies for <br /> compliance with the requirements of applicable Federal laws, <br /> and their comments and concurrences are included in the <br /> decision document. The resource recovery and protection <br /> plan was reviewed by the Bureau of Land Management (BLM) for <br /> compliance with the Mineral Leasing Act of 1920, as amended, <br /> and 43 CFR Part 3480, and BLM recommended approval of the <br /> mining plan in a memorandum dated March 8, 1994 . The U.S . <br /> Fish and Wildlife Service provided its final consultation <br /> comments under Section 7 of the Endangered Species Act in a <br /> memorandum dated June 30, 1994 . OSM confirmed on November <br /> 18, 1994 that the June 30, 1994 Biological Opinion of the <br /> U.S. Fish and Wildlife Service was still valid. Based upon <br /> • independent review, OSM concurs with the State Historic <br /> Preservation Officer' s (SHPO) assessment and recommendations <br /> for protection of cultural resources, as stated in the SHPO <br /> concurrence letter dated June 20, 1994 . <br /> I have determined that the proposed area of mining plan <br /> approval is not unsuitable for mining in accordance with <br /> section 522 (b) of SMCRA. <br /> The permit revision area is not on any Federal lands within <br /> the boundaries of any national forest . <br /> OSM has determined that approval of this mining plan will <br /> not have a significant impact on the quality of the human <br /> environment . The impacts of approval of this mining plan <br /> and alternatives are described in the environmental <br /> assessment attached to the Finding of No Significant Impact <br /> (FONSI) included with the decision document . <br /> The mining plan approval document included in the decision <br /> document is in conformance with the Mineral Leasing Act of <br /> 1920, as amended, and applicable Federal regulations . I <br /> recommend that you advise the Assistant Secretary, Land and <br /> Minerals Management, under 30 CFR Part 746, that the MCC' s <br /> West Elk Mine mining plan for Federal lease COC-54558 is <br /> . ready for approval . <br />