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of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act. The operation is in compliance with the requirements addressed in this section. II. Land Use - Rules 2.04.3, 2.05.5, and 4.16 Pages 4-1 and 4-5 of Volume 1 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 McClane Canyon Mine the predominant land use designations are rangeland and wildlife habitat. The canyon which the operation occupies is characterized by steep slopes and fairly sparse vegetation. Rangeland is restricted to the valley bottoms which have shallow slopes and sufficient vegetation. The applicant proposes to return the operation to rangeland and wildlife habitat by restoring pre-mining vegetation patterns of distribution. Pursuant to Rule 2.07.6(2)(1) the Division finds that the proposed post-mining land use of the permit area meets the requirements of Rule 4.16. The operation is in compliance with the requirements of this section. III. Cultural and Historic Resources -Rules 2.04.4 and 2.05.6(4) Information appropriate to Cultural and Historic Resources can be found in Section 4.1.3 of Volume I and in Appendix J of Volume IV of the application. These sections have been reviewed by the Division and the following comments result. Several concerns were raised by the Division and OSM during the original permit review of the cultural resources survey. The applicant was asked to define the extent of the survey, explain sample selecting procedures and supply a review of the historic development of the area. The applicant subsequently submitted adequate responses to these three items. An archeological site was identified near the mouth of McClane 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 by the operation. Since the site is not listed on the National Register of Historic Places a mitigation plan is not required (see Rule 2.05.6(4)). The Division and the Office of Surface Mining (OSM) require that the following stipulation be attached to this document in the event that any further cultural resources are encountered during the operation. -6-