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• <br />4 <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 August 10, 2009, and <br />the proposed approval became final on August 26, 2009. <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 two memoranda dated <br />August 11, 2009. <br />OSM consulted with the U. S. Fish and Wildlife Service (USFWS) regarding section 7 of <br />the Endangered Species Act (ESA)'. In a Biological Assessment dated June 9, 2008, <br />• OSM determined there would be "no effect" on the Canada lynx, and "may affect and is <br />likely to adversely affect" the Colorado pikeminnow, humpback chub., boneytail, and <br />razorback sucker. Since the proposed depletion to the Upper Colorado River system will <br />not change, the depletion associated with the Foidel Creek mine remains covered by <br />previous consultations addressed in Biological Opinions GJ-6-CO-95--F-007 and <br />GJ-6-CO-97-F-014. In a memorandum dated July 14, 2009, the USFWS concurred with <br />OSM's "may affect, likely to adversely affect" determination of impacts to the <br />endangered fishes. No further consultation or the development of species-specific <br />protective measures is necessary. <br />The State Historic Preservation Officer concurred with a finding of "No Historic <br />Properties Affected" in a letter dated July 30, 2009. The protection and preservation of <br />previously unidentified prehistoric or historic resources is ensured by BLM lease <br />stipulations, a condition of the CO-DRMS issued permit and the Assistant Secretary Land <br />and Minerals 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 />. This consultation was completed for Permit Revision Application No. 8 (PR-8), "Western Mining District <br />Expansion" concurrently under- review by the Colorado Division of Reclamation, Mining and Safety and includes the <br />same lands and Federal lease as this mining plan modification approval.