2000-04-20_GENERAL DOCUMENTS - C1981018

Home Browse Search

The site total is comprised of 5 historic, 4 historic/prehistoric and 46 prehistoric sites. The historic sites include mine workings, homesteads, and coyote traps, while the pre- historic sector is comprised of several rock art sites, numerous lithic scatters and a number of "campsites." The Colorado State Historic Preservation Office (SHPO) and the Office of Surface Mining (OSM) conducted a joint eligibility review of the contractors' work and eligibility recommendations of all the sites. This review determined that 7 sties 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 SHPO 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-Utah to avoid any 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. Off-road vehicle travel is prohibited within the permit area by all project personnel, and cultural resource maps and related information is kept confidential. In accordance with a BLM recommendation pursuant to TR-38, in order to ensure appropriate protection of cultural resources potentially impacted by drilling or other development activity within the permit area, the following stipulation is imposed: STIPULATION NO. 50 IF, IN ITS OPERATION, THE OPERATOR DISCOVERS ANY CULTURAL REMAINS, MONUMENTS OR SITES, OR ANY OBJECT OF ANTIQUITY SUBJECT TO THE ANTIQUITIES ACT OF JUNE 8, 1906, (34 stat.225;16JU.S.C.SECS. 431-433), THE ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 (PUBLIC LAW 96-95), AND 43 CFR, PART 3, THE OPERATOR SHALL IMMEDIATELY CEASE ACTIVITY AND REPORT DIRECTLY TO THE AREA MANAGER, BUREAU OF LAND MANAGEMENT. THE BUREAU SHALL THEN TAKE SUCH ACTION AS REQUIRED UNDER THE ACTS AND REGULATIONS THEREUNDER. THE OPERATOR SHALL FOLLOW THE MITIGATION REQUIREMENTS SET FORTH BY BLM CONCERNING PROTECTION, PRESERVATION, OR DISPOSITION OF ANY SITES OR MATERIAL DISCOVERED. IN CASES WHERE SALVAGE EXCAVATION IS NECESSARY, THE COST OF SUCH EXCAVATIONS SHALL BE BORNE BY THE OPERATOR UNLESS OTHERWISE STATED. On the basis of information submitted by the operator, in the form of cultural and historic resource inventories, and permit commitments, 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 (2.07.6(2)(e)(i)). A letter of February 25, 1999, from the State Historic Preservation 15