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- 4 - Sites EF-002 and EF-003 were not evaluated as to significance by BL*1 since they, like EF-001 were located on private lands off of the proposed lease tracts and thus would not have been directly affected by coal leasing. Since leasing, both sites were destroyed by construction activities related to on-going mine operations. Three other historic sites were identified in the mine plan, however, these sites were evidently never recorded or evaluated. r The'FOidel-Canyon School Location: NW 1/4 SE 1/4 SE 1/4, Section 29, TST:, R86W Description: Routt County Assessor's office records indicate this tract of land was first deeded to Albert P. Smith from the U.S. Government on August 4, 1902. The firs[ school building was built in either 1913 or 1914 and was one of the firs[ schools 1n the area. Being rather roughly constructed, this structure was torn down, and the present Foidel Canyon School was erected in 1925 (Mrs. Helen (Long) Light 1975). Foidel is the name of a family of early settlers who located in the canyon in 1887 (see attached photographs). Eoaluation: The Office of Surface Mining believes that this resource meets the eligibility criteria for inclusion in tt~e lational Register of Places according to Criterion B and C, 36 CFR 60.6. The structure is locked and the area fenced. However, access is still possible by a road. A gate must be constructed across this road to close off access. Graves Location-2: SE 1/4 SW 1/4, Section 31, TSN, R8641 Evaluation: Ordinarily graves do not meet the criteria for inclusion in the National Register. Al [hough these graves are outside any area of impact, these areas must be protected by fencing and a 100 foot buffer zone around the fenced area, pursuant to 30 CFR 761.11(8) and State laws CRS 1973, 18-13-101, Criminal Code: Abuse of Corpse. 780.31 B. Description of Applicant`s Proposal According to 30 CFR 780.31, the mine plan shall describe the measures [o be used to minimize or prevent adverse impacts on historic parks or historic places eligible for listing on the National Register of Historic Places. Energy Fuels states that this section is not applicable since no sites eligible for nomination [o the iational Register are located in the mine plan area, citing the BLPI environmental Assessment Report dated January 18, 1979. That EAR only applies to coal lease tracts C-22F44 and C-26913 and no other parts of the mine plan area. In any case, it does no[ appear that the BLM consulted with the SHPO for a determination of eligibility of cultural