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• -10- • \ II. Land Use - Rules ?.04.3, ?.05.5, anc 4.16 Pages 4-1 and 4-5 of Volume i of the application contain the information pertinent to rules concerning land use. The following determinations Have been made for the operation. In the area surrounding the operation. the predominent land use designations are rangeland and cildlife habitat. The can]•on which the operation occupies is characterized by steep slopes and fairly sparse vegetation. Rangeland is restricted to the valley bottoms which have shallow sloes and sufficient vegetation. The applicant proposes to return: the operation to rangeland and wildlife habitat by restoring premining vegetation. patterns of distribution. Pursuant to Rule 2.07.6(2)(1) the Division finds that the proposed postmining land use of the permit area meets the requirements of kule 4.16. She operation .is in compliance frith the requirements of this section. III. Cultural and Historic Resources - Rules 2.04.4 and ?.05.6(4) Information appropriate to Cultural and Historic Resources car. be found in Section 4.1.3 of Volume I and in ?.ppendix J of Polume IV of the application. These sections have been reviewed by the Division and the fo1loT:ing comments result. Several concerns were raised by the Division and OSPf during the review of the cultural resources surve}-. The applicant was asked to define the extent of the survec, es:plain sample selecting procedures and supple a review o` the areas historic development. The applicant satisfactoril-.• responded to these concerns. An archeological site was identified near the mouth of ?1cClane Canyon. The site, which is considered eligible for listing on the National Register of Historic Places, is a rock shelter. The site is not located in an area which will be disturbed b}• the operation. Since the site is not listed on the A'ational Register of H.istcric Places a miti~atior. plan. is not required (see Rule ?.05.6(4)). The Division and the Office of Surface ?•?inin, (OS*t) require that the following stipulation be attached to thi=_ document in the event that any further cultural resources are encountered during the operation. i. IF, DURING THE COURSE OF OPERATIOtiS, PREVIOUSL~i UNIDE?~TIFIED CULTURAL RESOURCES ARE DISCOVERED, THE FipPLICA?~T SHPJ_L I\SURET'c3AT THE SITE IS NOT DISTURBED AND SHr'.LL NOTIF]' THE REGULATORY AUTHORITY. THE OPERATOR SHALL INSURE THAT THE RESOURCE(S) IS FFOPERL`.' EVALL'~AIED I?? TER?iS OF THE N.4TlONAL REGISTEF. OF 'r.ISTORIC PLACES ELIGIBILITY CF.ITERIA (36 CFR 60.61. SHOULD A RESOURCE BE DETER~ffNED ELIGIBLE FOR LISTING IN CONSULTATION k'ITH THE REGULATOR]' AVIHORITY F\D THE SHPO, TI-~ OPERPTOR SHALL CONFER DISH AND OBTAIN THE ApPRO\'AL OF THE RE GI?ATOP,]' A1TF.ORI'?-i AND THE SHPO CONCERNING THE DEVELOPI~NT A\*D I~~3iFP~;7TATI0N OF ?4ITIGATIO?~ 2•fEASURES AS APPROPRIATE. IF PREVIOUSLY UVFLAh".:ED SUFFACE DISTURBI?.G ACTI\'I TIES ARE idECESSAR]', THE APPLICPJQT SHALL SLT?ffT A JUSTIFICATION AND *1A.95 SHOi;ING THE PROPOSED DISTUP.EANCE TO THE REGULP.TORT AUTHORIS'i FOR APPROFAL PRIOR TO THE CO`L~LFNCE?tENT OF THESE ACTII'ITIES.