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• <br />IV. Review Process <br />4 <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 October 3, 2008, and <br />the proposed approval became final on October 22, 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 />The Bureau of Land Management (BLM) reviewed the Resource Recovery and Protection <br />Plan for compliance with the Mineral Leasing Act of 1920, as amended and 43 CFR Part <br />3480. The BLM recommended approval of the mining plan in a memorandum dated <br />December 2, 2008. <br />OSM informally consulted with the U. S. Fish and Wildlife Service (USF&WS) <br />regarding section 7 of the Endangered Species Act (ESA). In a Biological Assessment <br />dated July 14, 2008, OSM determined there would be "no effect" on any Federally listed <br />threatened, endangered or candidate species as a result of the proposed action. In a <br />memorandum dated August 12, 2008, the USF&WS stated, "Because the proposed <br />depletion to the Upper Colorado River system will not change, the depletion associated <br />with the Foidel Creek mine remains covered by the previously listed consultations. The <br />depletion may affect, is likely to adversely affect the Colorado River Fishes and is <br />addressed in the BOs [Biological Opinions] GJ-6-CO-95-F-007 and GJ-6-CO-97-F-014.' <br />Consequently, no further consultation, or the development of species-specific protective <br />measures is necessary. <br />The State Historic Preservation Officer concurred with a finding of "No Historic <br />Properties Affected" in a letter dated July 16, 2008. The protection and preservation of <br />previously unidentified prehistoric or historic resources is ensured by both a condition of <br />the CO-DRMS issued permit and the Assistant Secretary Land and Minerals <br />Management's mining plan approval. <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 <br />authority demonstrate that reclamation as required by the Act and regulatory program is <br />technologically and economically feasible. <br />The mining plan modification area is not on any Federal lands within the boundaries of <br />any national forest.