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Rationale for Approval Recommendation Page 5 Application for Stone Gravel Pit Permit No. M-97-089 Unit XVI -beginning 9/2006 6.11 acres 16.11 ac) ' (1.35 months/acl = 8 months The above timetable indicates completion of mining and reclamation activities during May of 2007. However, an operator is not required to meet specific dates for initiation, or completion of mining in a phase as may be identified in the timetable, as stated under Rule 6.4.4(e). The applicant has voluntarily entered an agreement with BLM whereby BLM delineates the cultural site(s) for protection and study, and the applicant agrees to not conduct mining operations within the potential cultural site area(s) delineated by BLM. Following completion of data recovery from the cultural site(s), BLM may allow the applicant to conduct mining operations within the area(s) previously delineated. The period of time required by BLM to complete its study and characterization of the cultural site is unknown and therefore absent from the timetable describing Units I - IV. Additionally, Rule 6.4.4(el, does not specifically require that the timetable address protection of archaeological sites. Response - 3.c. and d. - A plan for protection of cultural artifacts has been agreed to between applicant and BLM. BLM personnel have inspected the permir area and have identified one archaeologic site, 5MT2020, as needing additional study prior to determination of eligibility to the National Register of Historic Places. The BLM plan for protection and study of site 5MT2O20 included consultation with Colorado Historical Society. Subsequent to the DMG decision date, DMG received written comments from Colorado Historical Society, stating the following: 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. Response - 3.e., f. and g. -Based on information submitted within the permit application, total pit depth may range from twelve to sixteen feet. The Rules and Regulations do not require an applicant to state total height of material stockpiles, or size of equipment utilized. 4. Exhibit E -- Reclamation Plan -- is inadequate /6err, srirlsl a. Comparison of pre-mining land use and PMLU is absent Isrillsl b. Recreation and wildlife PMLU not discussed even though BLM manages land under 'multiple use"which includes recreation and wildlife, absent recreation and wildlife PMLU are grounds for permit denial under § 34-32.5-115/4l/gl, C.R.S., application does not conform fo the requirement of § 34-32.5-116, C.R.S. ISr~rlsl c. Reclamation Plan inadequate for dry dusty climate /BerrJ d. Obligation to establish a soil stabilizing cover is absent, submitted plan !s not aperformance- based plan /eerr/