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0 4 <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 />July 8, 2009. <br />OSM consulted with the U. S. Fish and Wildlife Service (USF&WS) regarding section 7 <br />of the Endangered Species Act (ESA). In a Biological Assessment dated June 15, 2009, <br />OSM determined there would be "no effect" on the black-footed ferret, Canada lynx, <br />Mexican spotted owl, and Ute ladies'-tresses, and "may affect / likely to adversely affect" <br />the continued existence of the Colorado pikeminnow, humpback chub, boneytail, and <br />razorback sucker. In a memorandum dated September 17, 2009, the USF&WS stated that <br />"This information was provided in your consultation request; therefore the requirements <br />have been met for the subject project to fit under the umbrella of the Yampa River PBO <br />(Programmatic Biological Opinion)." Consequently, no further consultation, or the <br />development of species-specific 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 10, 2009. 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. <br />I have determined that approval of this mining plan modification will not have a <br />significant impact on the quality of the human environment. The environmental analysis <br />prepared by OSM entitled Supplemental Environmental Assessment for Trapper Mine <br />Federal Coal Leases C-07519 and C-079641 and other environmental documents noted in <br />the Finding of No Significant Impact (FONSI), describe the impacts that may result from <br />approval of this mining plan modification and its alternatives. The FONSI and <br />supporting environmental analyses are included in the attached decision document. <br />O.SM'_s review -of the proposed.action.did_not_identify.any issues that required resolution <br />via the addition of special conditions to the mining plan modification approval. <br />•