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identified nine sites and five isolated finds within the study area and an additional site outside the <br />study area. None of these sites were determined to be on or eligible for the National Register of <br />Historic Places. As the mine expanded, subsequent evaluations were conducted to ensure that <br />known sites were determined not to be eligible for listing or, if they were eligible, to design <br />mitigation plans. All required documentation of these determinations and relevant agency <br />concurrence is incorporated into the mine permit. <br />Metcalf Archaeological Consultants conducted an archaeological survey of approximately 500 <br />acres on July 8 and 9, 1990. Site 5RT118, which was previously recorded in 1979, was within <br />the mine expansion area considered in 1990. Metcalf Archaeological Consultants reconsidered <br />this site and recommended that it be considered significant. <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 protected resource designated as Site 5RT118 consists of three anthropomorphic rock art <br />figures on a Twentymile sandstone cliff face. The figures are approximately four feet tall and are <br />painted in red paint. Although originally recorded in the 1979 survey, this site was outside the <br />project area at the time. Metcalf Archaeological Consultants reevaluated the site in 1990. One of <br />the figures was noted in the 1990 survey to consist only of the figure head, as the body had been <br />lost due to rock spall. That figure remains in this state. The site also included scatter of fire - <br />cracked rock and potential hearth areas below the rock art panel. Metcalf Archaeological <br />Consultants suggested that this site be considered potentially eligible for nomination under <br />criteria "D" and recommended full photographic documentation and soil testing. It then stated <br />that if necessary, a mitigation plan would be implemented. Peabody responded by indicating its <br />willingness to document the site and post disturbance area boundary markers around the site to <br />ensure protection during construction of the haul road. No direct mining -related disturbances to <br />the site were proposed. <br />Site 5RT118 is partly damaged due to spalling of the sandstone face. This damage was <br />documented prior to mining operations (haul road construction) occurring in the vicinity of this <br />site, and so was not likely related to mining activity. Vandals have etched faces into the figure <br />heads. This damage was also not caused my mining operations, although access may have been <br />facilitated due to construction of the haul road. <br />2 1 Page <br />