GENERAL39784

• Permit No: C1981018
• IBM Index Class Name: General Documents
• Doc Date: 2/28/1986
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR1
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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The site total is comprised of 5 historic, 4 historic/prehistoric and
42 prehistoric sites. The historic sites include mine workings, homesteads,
and coyote traps while the prehistoric sector is comprised of several rock art
sites, numerous lithic scatters and a number of "campsites". A joint
eligibility review of the contractors' work and eligibility recommendations of
all the sites was conducted by Colorado's SHPO office and the Office of
Surface Mining. This review determined that 7 sites were eligible, 37 not
eligible and 17 needing further field documentation by the contractor to
determine eligibility under criteria (d) CFR 60.6.
Further work by the company, OSM, and the Colorado State Historic Preservation
Office determined the eligibility of all sites, and subsequently agreed to
mitigation measures to be implemented by the permittee. The mitigation plan
involved a commitment by Western Fuels to avoid aRy disturbances to any site
determined eligible, and went further to commit to conducting periodic field
reconnaissance to determine if surface subsidence has affected any of the
above referenced cultural resource sites.
In order to adequately mitigate any damage occurring to sites as a result of
subsidence, Western Fuels has provided a written commitment in Section IV.N of
the application to not conduct any mining activities in areas which could
cause subsidence related damage to sites until a site specific mitigation plan
has been submitted, reviewed and approved by the Division and OSM and
implemented on each site. This mitigation plan is in addition to the above
mitigation plan which only calls for avoidance of any disturbance to eligible
sites.
The permit revision to add Federal coal leases C-8424, C-8425 and C-01266669
to the permit will add 2,890 acres to the area currently permitted. Of this
increased acreage, approximately 1,600 acres were not included in the area
covered by the original cultural and historic resource survey. The location
of these areas can be seen on Map 3 of Volume 5 of the permit application and
consist of Sections 30, 31, and the W 1/2, W 1/2 of Sections 29 and 32, T3N,
R101W. These areas overlie the proposed underground mine plan area for Lease
C-8424 and will not be disturbed by any surface activities approved under the
current mine plan. Therefore, there will be no direct adverse impacts on arty
sites that are eligible for listing on the National Register of Historic
Places. There is a potential, however for some indirect impact to occur as a
result of subsidence from longwall mining activities. This concern has been
adequately addressed by the permittee in Section IV.N of the revised permit
application.
In order to identify and provide adequate protection for any sites existing on
the previously unsurveyed areas within Lease No. C-8424, permittee has
committed to conduct an archaelogical field survey of Sections 30, 31, and the
W 1/2, W 1/2 of Sections 29 and 32, T3N, R101W in accordance with the survey
methods approved in the revised permit application. This survey will be
conducted at least two years prior to entering Federal Coal Lease C-8424.
Survey results will be submitted to the Division and OSM by
September 30, 1986, and will be in a form which can be inserted into the
permit application. Based on the results of the Survey, OSM will develop a
list of sites, if any, that are determined to be eligible for listing in the
National Register of Historic Places. This list will be forwarded to the
permittee. Once the list is received, the permittee will seek a determination