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The site total is comprised of S historic, 4 historic/prehistoric and 46 prehistoric sites. <br />The historic sites include mine workings, homesteads, and coyote traps, while the pre- <br />historic sector is comprised of several rock art sites, numerous lithic scatters and a <br />number of "campsites." The Colorado State Historic Preservation Office (SHPO) and the <br />Office of Surface Mining (OSM) conducted a joint eligibility review of the contractors' <br />work and eligibility recommendations of all the sites. This review determined that 7 sties <br />were eligible, 37 not eligible and 17 needing further field documentation by the contractor <br />to determine eligibility under criteria (d) CFR 60.6. <br />Further work by the company, OSM, and SHPO determined the eligibility of all sites, and <br />subsequently agreed to mitigation measures to be implemented by the permittee. The <br />mitigation plan involved a commitment by Western Fuels-Utah to avoid any disturbances <br />to any site determined eligible, and went further to commit to conducting periodic field <br />reconnaissance to determine if surface subsidence has affected any of the above- <br />referenced cultural resource sites. Off-road vehicle travel is prohibited within the permit <br />azea by all project personnel, and cultural resource maps and related information is kept <br />co~dential. <br />In accordance with a BLM recommendation pursuant to TR-38, in order to ensure <br />appropriate protection of cultural resources potentially impacted by drilling or other <br />development activity within the permit area, the following stipulation is imposed: <br />IF, IN ITS OPERATION, THE OPERATOR DISCOVERS ANY CULTURAL <br />REMAINS, MONUMENTS OR SITES, OR ANY OBJECT OF ANTIQUITY <br />SUBJECT TO THE ANTIQUITIES ACT OF JUNE 8,1906, (34 <br />stat.225;16JU.S.C.SECS. 431-433), THE ARCHAEOLOGICAL RESOURCES <br />PROTECTION ACT OF 1979 (PUBLIC LAW 96-95), AND 43 CFR, PART 3, THE <br />OPERATOR SHALL IMMEDIATELY CEASE ACTIVITY AND REPORT <br />DIRECTLY TO THE AREA MANAGER, BUREAU OF LAND MANAGEMENT. <br />THE BUREAU SHALL THEN TAKE SUCH ACTION AS REQUIRED UNDER <br />THE ACTS AND REGULATIONS THEREUNDER. THE OPERATOR SHALL <br />FOLLOW THE MITIGATION REQUIREMENTS SET FORTH BY BLM <br />CONCERNING PROTECTION, PRESERVATION, OR DISPOSITION OF ANY <br />SITES OR MATERIAL DISCOVERED. IN CASES WHERE SALVAGE <br />EXCAVATION IS NECESSARY, THE COST OF SUCH EXCAVATIONS SHALL <br />BE BORNE BY THE OPERATOR UNLESS OTHERWISE STATED. <br />On the basis of information submitted by the operator, in the form of cultural and historic <br />resource inventories, and permit commitments, the Division fmds that subject to valid <br />existing rights as of August 3,1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office (2.07.6(2}(e}(i)). <br />- -- - -- A letter of February 2S, 1999, from the State Historic Preservation Office, stated their - <br />23 <br />