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on the National Register of Historic Places and no further work was recommended at that time. <br />The three historic sites were described in terms of eligiblity for listing. The sites were found to <br />lack distinctive characteristics of a type or period and to not yield important information. Also, <br />the site would not be adversely affected by the proposed mining operations. Because these sites <br />were not eligible and there would be no adverse effect, no further work was recommended. <br />Metcalf Archaeological Consultants conducted a subsequent Class III cultural resource inventory <br />for the Yoast Mine expansion area in 1992 and finalized its report in 1994. This inventory <br />identified and described seven prehistoric sites, two historic sites, and nine prehistoric isolated <br />finds. Descriptions of all known cultural and historic resources included in this report are <br />incorporated into the permit. <br />Documentation in the permit describes the survey history, site characteristics, resource <br />characteristics, and additional investigations that were required as well as documentation of <br />eligibility determinations. This documentation meets the requirements of Rule 2.04.4. <br />Rule 2.05.6(4): Mitigation of the Impacts of Mining Operations (Protection of public parks <br />and historic places) <br />This rule requires coal mine permit applications to describe the measures to be used to minimize <br />or prevent adverse impacts to places listed on the National Register of Historic Places and to <br />obtain Division / other interested agency approval for those plans. This rule also allows the <br />Division to require the applicant to protect historic or archeological sites (those listed or eligible <br />for listing as determined by SHPO) through appropriate mitigation and treatment measures. Such <br />protective measures may be taken after permit issuance as long as they are completed before the <br />site(s) are affected by any mining operations. <br />The site designated as 5RT865 was recommended for avoidance or additional testing. Such <br />additional testing would include small excavations to find buried culturally -significant deposits. <br />The site consists of open lithic scatter (eleven flakes, three pieces of shatter, and one late <br />prehistoric projectile point). More data was needed to evaluate the site's eligibility for the <br />National Register. However, the site would be protected through avoidance. The Bureau of Land <br />Management and the State Historic Preservation Officer concurred with this determination on <br />8/9/1994 and 8/15/1994, respectively. <br />The site designated as 5RT871, an open lithic scatter consisting of twelve flakes and one utilized <br />flake, was also recommended for avoidance or additional testing. This site was subsequently <br />determined not eligible. <br />We visited the location of sites 5RT865 and 5RT871 in the field. The sites are near Pond 10 and <br />were easily accessible via road. We were unable to locate any lithic scatter in the field. <br />Almost all cultural and historic resources identified through surveys on the Yoast Mine site were <br />determined to be ineligible. One site, 5RT865, was listed as `need more data' but was lithic <br />scatter which was avoided through the mine plan. We were unable to locate any lithic scatter in <br />the field. Our inability to locate lithic scatter does not imply that avoidance has been <br />unsuccessful at site 5RT865 (site 5RT871 was determined ineligible). The area was well -covered <br />2 1 Page <br />