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• - s - •. Justification: Pursuant to agreement between OS"! and SHPO (see attachments l~3 and 1~4). G. Summary of Compliance 7612.12, 770.12, and 786.19 If the company complies with [he proposed special stipulations, the company will be in compliance with the regulations and OSM will be in compliance with pertinent cultural resource legislation. OSM has fulfilled its responsibility under the Executive Order 11593, the National Historic Preservation Act of 1966 and the Advisor}' Council's "Procedures for the Protection of Historic and Cultural Properties" (36 CFR Pat 800) and will have provided provisions for the Archaeological and Historic Preservation Act of 1974 (see attachments .13 and !;4). Since the SHPO has determined that OSM's approval of the mine plan with the proposed stipulations will not have an effect on the cultural resources OSM can proceed with the proposed action without further consultation with the Advisor}' Council on Historic Preservation (36 CFR 800.4(b)(1)). H. Proposed Departmental Action Approval with proposed stipulations. Since two sites are eligible for listing on the National Register of Historic Places certain measures necessary to ensure that these sites will not receive any adverse impacts. I. Residual Impacts of Proposed Departmental Action Part"I: Residual Impacts of Proposed Departmental Action All sites within the mine plan area will be either directly impacted or have the potential to receive indirect impacts from vandalism or unauthorized collection. As most sites have little cultural depth, removal of topsoil will completely destroy the sites. The two sites which are eligible for the National Register of Historic Places will be avoided but there still may be impacted by potential vandalism and collection. Losses could be even greater for sites not found eligible for the National Register and unidentified sites. Such sites may in the future be deemed ''significant", even though no[ present l}• considered so. Any site which is not mitigated or not avoided would be permanent l} lost. Cultural resources are a nonrenewable resource, and once lost there is an irretrievable loss of scientific information. J. Alternatives to [he Proposed Action (None)