GENERAL43258 - Laserfiche WebLink

Home Browse Search

On the basis of information submitted by Peabody Coal Company in the form of survey reports and a letter from the Colorado Historical Society, the Division finds that subject to valid existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office. The Division found, in 1981, all necessary notices and approvals were received in order to allow the permittee to adversely affect a place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office. The place affected was Site 5RT139, located in S 1/2 NE 1/4 Section 11, Township 5 North, Range 87 West. Approval to affect it was received from the Division and the State Historic Preservation Officer. A mitigation plan for the site included supervision by a qualified archaeologist during topsoil removal, as well as documentation and recovery of all artifacts unearthed during topsoil stripping. Details of the initial survey and mitigation plans are located in Volume 2, Tab 5, of the permit application (2.07.6(2)(e)(ii)). A stipulation (No. 3) was placed on the 1987 permit to address the possibility of encountering previously undiscovered cultural resources within the permit area. That stipulation is retained here: Stipulation No. 3: IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL RESOURCES ARE DISCOVERED, THE PERMITTEE SHALL INSURE THAT THE SITE IS NOT DISTURBED AND SHALL NOTIFY THE COLORADO DIVISION OF MINERALS AND GEOLOGY AND THE UNITED STATES OFFICE OF SURFACE MINING (OSM). THE PERMITTEE SHALL INSURE THAT THE RESOURCE IS PROPERLY EVALUATED IN TERMS OF THE NATIONAL HISTORIC PLACES ELIGIBILITY CRITERIA (36 CFR 60.61). SHOULD A RESOURCE BE DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER, APPROPRIATE MITIGATION MEASURES WILL BE DEVELOPED AND IMPLEMENTED IN CONSULTATION WITH THE STATE HISTORIC PRESERVATION OFFICE (SHPO), THE BUREAU OF LAND MANAGEMENT (BLM), THE OFFICE OF SURFACE MINING (OSM), AND THE COLORADO DIVISION OF MINERALS AND GEOLOGY (CDMG). 6. For this surface mining operation, private mineral estate has not been severed from private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that Peabody Coal Company does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). -10-