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• Addendum to Rational for Approval Recommendation Page 7 Application for Stone Gravel Pit Permit No. M-97-089 February 17, 1998 maintenance agreement with BLM as, "provision for normal maintenance grading and for replacing road base material to preserve the existing condition of the road base and surface during permitted operations." Rerouting of the access road to the south to avoid cultural resources is not addressed in the Stone Gravel Pit application. The Mine and Reclamation Plans do not indicate that any existing BLM access roads will be rerouted to avoid cultural resources. BLM letter to Ms. Bell, dated 1 /10/98, last two sentences of paragraph 7 states: Also please note on the enclosed map the reroute of the road in the southwest corner of the parcel. The original road (depicted on the USGS topographic map) was rerouted to the south for protection of cultural resources, however the original alignment is still visible on the ground. Apparently, BLM had previously rerouted the BLM access road to the south to avoid cultural resources. Other changes that may be necessitated by discovery and analysis of the cultural sites in the affected area are unknown at this time. Protection of cultural site 5MT2020 has been addressed between BLM and the applicant as noted in BLM 1 /20/98 letter, item 5, addressed to this office. Additionally, the Colorado Historical Society has requested that the Board condition their permit approval with the following statement: Along with the avoidance of 5MT2020, the following statement should be included in the permit: Should previously unidentified archaeological resources be discovered during mining activities, work must be halted until the resources have been evaluated in terms of the National Register of Historic Places criteria, 36 CFR 60.4, in consultation with this office. 7. Another intervening factor is especial/y troubling: DMG's recent withdrawal of its finding that a reason to believe a violation exists. A January 30, 1998, Bureau of Land Management site visit revealed eighteen test pits on the 158 parce% Each test pit disturbed an area that varied from 200 to 750 square feet, resulting in unauthorized disturbances of between 3.600 sq. ft. and 13,500 sq.ft., well over the 1600 sq. ft. exception /n the Rules, even assuming arguendo that the Ru/e is still valid. The BLM report discredits and contradicts the DMG inspection report that located on/y five test pits, but is quite consistent with the reports made by my clients. The staff's withdrawal of the finding is aggravated by the fact that the violations impacted sites of historical and archeolog/cel significance, although not enough to destroy their significance. Further, these sites have yet to be adequate/y rec/aimed. As stated in DMG 1 /26/98 letter to Doren Stone, DMG's decision to withdraw its "Reason to Believe" (RTB) enforcement action for an unpermitted exploration operation was based upon a review, conducted by the DMG Director in conjunction with the State Attorney General's Office, of relevant sections of the Act and Rules and the information submitted by the applicant's agent, dated 12/31 /97.