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<br />_12_ <br />Pursuant to Rule 2.07.6(2)(f), the Division has determind that for the <br />Foidel Creek Mine, the private mineral estate has been severed from the <br />private surface estate. The surface owners are Colorado Yampa Leasing <br />Company (formerly Colorado Yampa Coal Company) and Thomas Greenhalgh, et. <br />al. The coal is owned by Theodore Tieken. The applicant has supplied <br />the documentation required by Rule 2.03.6(2) in Exhibit 6, Voly~ume 10 of <br />Permit No. 79-177. <br />The permit revision application is in compliance with the requirements of <br />this section. <br />II. Land Use -Rules 2.04.3, 2.05.5 and 4.16 <br />Land use is discussed in Section 2.04.3 of the permit revision <br />application and shown on Map No. 5b. The disturbed area associated with <br />the proposed Foidel Creek Mine is classified as previously mined land. <br />Surface mining activities were associated with the Energy No. 1 Mine. <br />Prior to mining activities the land was classified as rangeland. <br />The applicant is planning to restore the disturbed area to rangeland. <br />Mr. J. Ramsey Harris et. al., the surface landowners, were contacted <br />regarding the post-mining land use and had no comments. <br />Pursuant to Rule 2.U7.6(2)(1), the Division hereby approves the <br />post-mining land use of the proposed mine. Based on the information in <br />the reclamation plan, including backfilling and grading, topsoil <br />redistribution and revegetation, the applicant has demonstrated that all <br />areas affected by surface coal mining operations can be restored to <br />conditions that are capable of supporting the uses which they were <br />capable of supporting before any mining. The post-mining land 'use meets <br />the requirements of Rule 4.16. <br />The permit revision application is in compliance with this section. <br />III. Cultural and Historic -Rules 2.04.4, 2.05.6(4) and 2.07.6(2)(e) <br />An archaeological study was conducted for the permit revision area and is <br />found in Exhibit 4 of the permit revision application. The study <br />consisted of a literature and records search, and a cultural resources <br />survey. Four sites were identified during the field survey phase. Three <br />of these (5RT 342, 5RT 343 and 5RT 344) are historic sites and one site <br />(5RT 345) is prehistoric ar protohistoric. Of the four sites only one, <br />5RT 345 is eligible for recommendation for nomination to the National <br />Register of Historic Places. It is a rock art/rock shelter, located in <br />the sandstone cliffs north of, and overlooking, Foidel Creek. <br />The Colorado State Historic Preservation Office was contacted concerning <br />the nomination of the site (see Attachment B). It is their feeling that <br />since the site is outside the impact area it does not need to be <br />nominated. The applicant has proposed acceptable mitigation measures to <br />protect it for the five year life-of-mine. Should the mine area ever <br />enlarge, however, it may be appropriate to nominate site 5RT 345 to the <br />National Register of Historic Places. <br />