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-2- During the mid-term review process, the Division requested that, due to the concern generated during the permitting process, the post-mining landuse be changed to "Rangeland/Wildlife Habitat". This change was made, therefore, this section is in compliance with the requirements of this section. III. Cultural and Historic Resources Rules 2.04.4, 2.05.6(4) The proposed mining operation will not adversely affect any publicly owned park or place listed on the National Regis ter of Historic Places. Although not required by Colorado regulations, within the Federal Regulations there is a further consideration of "cultural or historic resource eligible for listing on the National Register of Historic Places". The original archeological investigation cited several artifact assemblages as being "potentially eligible" for listing. The Office of Surface Mining required that these sites by reclassified as "eligible" or "not eligible" for listing. All sites identified were subsequently determined to be "not eligible" for listing on the National Register. The operation is in compliance with the requirements of this section. IV. Geology Rules 2.04.5, 2.04.6 The following problems were identified during the initial permit review and have been satisfactorily resolved: Due to the unique geology of the site, initial overburden sampling did not intercept all affected strata. Kerr Coal resolved the problem by re sampling at three sites to characterize all affected strata. Although questions were raised by Mined Land Reclamation Division (MLRD) over sampling intervals, enough information was submitted to identify overall chemical and physical properties of the overburden, although little information has been provided relative to possible variations in chemistry within the overburden. Revised Maps 7a-13a, 15a, 42a, Tables 4.5.73, and Exhibits 23 and 24 were resubmitted by Kerr Coal. MLRD questioned whether the stratum labeled "Shale with Interbeded Sandstone" could be specifically identified on a geologic cross section which would show the location of the sandstone strata. However, lithologic logs of the new core sites did not show an identifiable pattern because the sandstone layers were too thin. Revised cadmium and SAR averages were resubmitted using a more accurate weighted average. MLRD was concerned that moderately high SAR values of the spoil would affect re vegetation in the Pit No. 1 area. The issue was resolved by salvaging additional suitable subsoil to act as a buffer. See Section X, Topsoil. The operation is in compliance with the requirements of this section.