2008-06-12_GENERAL DOCUMENTS - C1980007 (3)

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• The CO-DRMS has placed one (1) new. and carried forward six (6) Stipulations to this permitting action. An explanation of each stipulation and the requirements for its resolution can be found in the State Decision Document made a part of this Mining Plan Modification Decision Document. Mountain Coal Company, L.L.C.'s proposal does not require any additional special conditions to comply with Federal laws. IV. Review Process The CO-DRMS reviewed the PAP under the Colorado State program, the Federal lands program (30 CFR Chapter VII, Subchapter D), and the Colorado cooperative agreement (30 CFR § 906.30). Pursuant to the Colorado State program and the cooperative agreement, CO-DRMS proposed approval of the permit revision on March 21, 2008, and the proposed approval became final on April 25, 2008. OSM has consulted with other Federal agencies for compliance with the requirements of applicable Federal laws. Their comments and/or concurrences are included in this decision document. BLM reviewed the Resource Recovery and Protection Plan for compliance with the • Mineral Leasing Act of 1920, as amended, and 43 CFR Part 3480. The BLM recommended approval of the mining plan in a memorandum dated October 30, 2007. The USDA Forest Service sought comments from the U.S. Fish & Wildlife Service on threatened and endangered species. In a Biological Opinion dated February 10, 2006, the U.S. Fish & Wildlife Service concurred with the USDA Forest Service's Biological Assessment. I have determined that the mining plan modification does not include any lands within an area designated as unsuitable for all or certain types of surface coal mining operations under section 522(b) of SMCRA. The permit findings prepared by the regulatory authority demonstrate that reclamation as required by the Act and regulatory program is technologically and economically feasible. The mining plan area is located on Federal lands west of the 100th meridian on lands administered by the USDA Forest Service, Grand Mesa, Uncompahgre, and Gunnison National Forests. Based on OSM's analysis and the USDA Forest Service Record of Decision dated March 15, 2006, and its formal concurrence dated March 24, 2008, there are no significant recreational, timber, economic, or other values of the Gunnison National Forest that would be incompatible with the proposed surface coal mining operation and the proposed operations and impacts are incidental to an underground coal mine. •