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5. Based on information submitted by Robert and Elizabeth Weaver, the Division finds <br />that subject to valid existing rights as of August 3,1977, the mining operation will not <br />adversely affect any publicly owned park or place listed on or eligible for listing in <br />the National Register of Historic Places. At the time of approval of the original <br />permit application the Office of Surface Mining received concurrence on a "No <br />Effect", "No Adverse Effect" recommendation from the Colorado State Historic <br />Preservation Office. <br />A USGS report concluded that there are no known archeological values on or near <br />the lands to be affected. The report further states that there may be some remnants <br />of past mining operations that are of historic interest, but these are probably of little <br />importance since they are highly deteriorated and beyond preservation. None of <br />these sites will be affected by the mining operation. <br />Because all surface disturbing activities have taken place, no survey for cultural <br />resources is required. If future expansion of operations with associated surface <br />disturbance is requested, a cultural resource inventory of these areas will be required <br />prior to approval. To comply with the requirements of this section, the following <br />stipulation is necessary: <br />STIPULATION No. 1 <br />IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY <br />UNIDENTIFIED CULTURAL RESOURCES ARE DISCOVERED, THE <br />PERMITTEE SHALL ENSURE THAT THE SITE(S) IS NOT DISTURBED AND <br />SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR SHALL <br />ENSURE THAT THE RESOURCE(S) IS PROPERLY EVALUATED IN TERMS OF <br />NATIONAL REGISTER ELIGIBILITY CRITERIA (36 CFR 60.6). SHOULD A <br />RESOURCE BE FOUND ELIGIBLE FOR LISTING IN CONSULTATION WITH <br />THE REGULATORY AUTHORITY, THE LAND MANAGING AGENCY (IF THE <br />SITE IS LOCATED ON FEDERAL LANDS) AND THE STATE HISTORIC <br />PRESERVATION OFFICE, THE OPERATOR SHALL CONFER WITH AND <br />OBTAIN THE APPROVAL OF THESE AGENCIES CONCERNING THE <br />DEVELOPMENT AND IMPLEMENTATION OF MITIGATION MEASURES. <br />(2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not <br />required. (2.07.6(2)(f)). <br />7. Based on evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required <br />by the Colorado Surface Coal Mining Reclamation Act, the Division finds that <br />O.C. Mine No.2 Findings 19 May 15, 1992 <br />