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• The approved State permit area would not increase from its present 17,154.90 acres. <br />Surface disturbance within the approved State permit area will increase by ten (10.0) <br />acres from its present 402.25 acres to a new total of 412.25 acres. <br />This mining plan modification will not add any additional Federal surface acres or <br />Federal coal to the approved mining plan area shown on the map included with this <br />decision document. <br />The post mining land use within the permit and mining plan area would not change. <br />The CO-DRMS has not placed any Special Conditions on this permitting action. <br />Mountain Coal Company, L.L.C.'s proposal does not require any additional special <br />conditions to comply with Federal laws. <br />IV. Review Process <br />The CO-DRMS 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-DRMS proposed approval of the permit revision on June 9, 2008. <br />Earthjustice, Rocky Mountain Clean Air Action and Colorado Wild appealed CO-DRMS' <br />proposed decision to the Colorado Mined Land Reclamation Board (CMLRB) on June <br />23, 2008. The CMLRB affirmed the decision of CO-DRMS and the proposed approval <br />became final on July 9, 2008. <br />OSM has consulted with other Federal agencies for compliance with the requirements of <br />applicable Federal laws. Their comments and/or concurrences are included in this <br />decision document. <br />BLM reviewed the Resource Recovery and Protection Plan for compliance with the <br />Mineral Leasing Act of 1920, as amended, and 43 CFR Part 3480. The BLM <br />recommended approval of the mining plan in a memorandum dated October 30, 2007. <br />The USDA Forest Service sought comments from the U.S. Fish & Wildlife Service on <br />threatened and endangered species. In a letter dated August 2, 2007, the U.S. Fish & <br />Wildlife Service concurred with the USDA Forest Service's Biological Assessment that <br />the proposed project was not likely to adversely affect threatened and endangered species. <br />I have determined that the mining plan modification does not include any lands within an <br />area 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