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Prior to submittal of the application for the first 5-year permit term, the predominant land use classifications on the permit area were twofold: 11 rangeland/grazing for domestic livestock and wildlife; and, 2) previous mining related disturbances that were being gradually reclaimed for grazing purposes. The proposed post-mining land use of rangeland/grazing for domestic livestock and wildlife was approved by the Division at the time of permit issuance. It was determined that this designation met the requirements of Rule 4.16 of the Regulations. At the time of issuance of the first 5-year permit, a stipulation was attached to the approval requiring that Peabody Coal Company submit comments from the legal or equitable owners of record of the surface of the proposed permit area regarding the proposed post-mining land use. This stipulation was subsequently resolved as noted in March 31, 1982 Division correspondence. Information submitted in the application for permit renewal indicates that the proposed post-mining land use will remain as rangeland/grazing for domestic livestock and wildlife. Therefore, 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 pertaining to cultural and historic resources at the Seneca II Mine is presented in Volume I, Tab 5 of the original permit application. Archaeological sites are depicted on Exhibit 5-1. The Seneca II Mine has undergone six archeological investigations since 1978. Seven sites were identified during these investigations; two of which were thought to be eligible for listing in the National Register of Historic Places: 5RT 139 - Camp site lithic scatter; and 5RT 142 - Sparse lithic scatter, possibly a camp site. A testing program of these two sites was developed in conjunction Y;ith the State Historic Preservation Officer (SHPO) and conducted in t•1ay, 1980. A determination was made that site 5RT 142 was not significant and further investigation was not warranted. Several stone hearths were uncovered during testing of site 5RT 139. A complete mitigation plan was developed for site 5RT 139 and sampling was completed in September, 1980. Some undisturbed portions of the permit area were not covered by an archeological survey. The applicant has submitted a map, Exhibit 5-1 (revised 6/17/81), that delineates the undisturbed areas that have not been surveyed for cultural resources. The applicant has stated that these areas will not be disturbed during the mining operation. Representatives of the SHPO visited the Seneca II Mine on May 16, 1981 and determined that there is potential for additional sites on the unsurveyed areas. These representatives also noted the presence of rock shelters within the unsurveyed areas. As a result, a stipulation was attached to the initial 5-year permit approval requiring that -7-