2020-06-24_REVISION - C1981035 (2)

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ENVIRONMENTAL ASSESSMENT Potential impacts for all NRHP-eligible or potentially eligible sites could be monitored as part of the cultural resource monitoring requirements. Although very few workers would need to be in the area, to preclude the potential indirect impact of unlawful artifact collection and/or vandalism of cultural resources, mine personnel and sub-contractors would receive training on the identification of cultural sites and features, as well as the procedures to be followed and the legal penalties for failure to follow the guidelines, laws, and statutes. If previously unidentified cultural sites are observed during actions within the permit area and could be affected by those actions,the appropriate cultural resource specialists,the UMU Tribe, and/or the SHPO, as appropriate, would be contacted for direction in protecting the resource. For any proposed future ground-disturbing activities within the proposed lease and permit areas, GCCE would be required by their OSMRE and CDRMS mine permits to complete cultural clearance surveys and obtain agency authorization prior to conducting any ground disturbances.Avoidance of cultural resources is the preferred approach to avoiding or minimizing potential impacts to the resource. As a result of regulatory oversight, avoidance measures, and when appropriate, data recovery, residual impacts to cultural resources would be negligible. All parties have been consulted. The agencies made a determination of no historic properties affected under the NHPA. If future mining operations cannot avoid NRHP-eligible sites, those activities would be federal undertakings subject to Section 106;a mitigation plan would be written, approved by OSMRE in consultation with SHPO, and implemented prior to planned mining activities. No mitigation or avoidance is required for sites that are not eligible for the NRHP. Native American Concerns On tribally owned fee restricted lands, three sites, 5LP11384, 5LP11386, and 5LP11387, were identified that are potentially eligible to the NRHP and another four as ineligible (Table 3-6). None of these would be impacted by the Project as no surface disturbance is proposed in these areas and subsidence impacts are unlikely as discussed above. Further, these sites would be subject to cultural resource avoidance monitoring requirements. No traditional use areas have been identified to date within the permit area.At present, no Native American religious concerns or potential traditional cultural properties within the permit area have been identified by Indian tribes including the UMU Tribe. No effects to sites on tribally owned fee restricted lands are expected from the Proposed Action. Cumulative Actions and Effects The CIAA for cultural resources is the mine boundary and the Dunn Ranch LBA. Although direct impacts would be avoided, potential indirect impacts to cultural resources would come from the potential for subsidence. Ranching and livestock grazing impact cultural resources through trampling and artifact displacement. Additional coal leasing and subsequent development, as well as oil and gas leasing and development, would be subject to NHPA and Section 106 oversight. Along with the past, present, and reasonably foreseeable future actions, mining in the Project Area is likely to result in negligible to minor cumulative impacts to cultural resources in the region due to the small area of surface disturbance. Dunn Ranch Area Coal Lease by Application COC-78825 and Mine Plan Modification EA 3-19