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~ . ~ ~ ' ,~ iiiiiii iiiiiiiiiii - ~-= = United States Department of the Interior ' _• ~ o ~ OFFICE OF SURFACE MINING Reclamation and Enforcement Q ~~ ~5'U' ~^ ~ BROOKS TOWERS 0 /q 6 1020 15TH STREET ~ DEN\'ER, COLORADO 80202 4 JUN 1980 ~, ,J+ ~J °_ ~ rn o -= ~ :-~ „ ~ U~ r_~ Mr. David Jones ~ ====- r District Manager ~ o _' U rJ Bureau of Land Management `=~'"~ 764 Horizon Drive :.; Grand Junction, Colo rado 81502 Dear Dave: There have been several discussions concerning OSM requirements for cultural resource surveys on coal lease areas. Bob Cline and I have discussed this question specifically in relation to the Dorchester PR LA. The problem appears to be interpretation of OSM requirements , versus someone else's understanding of OSM requirements. Bob asked if we would state OSM requirements in writing for his record. OSM requires a mining plan that is complete according to 30 CFR Subchapter G, or as modified by an approved State program. Specifi- cally, 30 CFR 783.12(b) states: "Each application shall describe and identify -(b) The nature of cultural and historical resources. . and known archaeological features within the proposed mine plan and adjacent areas. ." (also see 30 CFR 783.24(1)and 784.17). Adjacent area is defined under 30 CFR 701.5. -Adjacent area means land located outside the affected area, permit area or mine plan area, depending on the context in which adjacent area is used, where air, surface or ground water, fish, wildlife, vegetation or other resources protected by the Act may be adversely impacted by surface coal mining and reclamation operations. The term "mine plan area" was remanded to the Department by the Courts. However, the Programmatic Memorandum of Agreement on the Federal Coal Management Program with the Advisory Council on Historic Preservation was finalized May 19, 1980. Part II, B of this Memorandum states that a 100% inventory (BLM Class III) will be conducted within those areas of the mine plan and adjacent - areas which have "the potential for receiving direct or indirect impacts on historic and cultural properties." Therefore, for subsurface mines, OSM would require a 100% inventory on those areas that can be expected to be impacted by surface disturbance.