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Memo to File <br />April 23, 2009 Page 2 <br />the Bureau of Land Management (BLM) of the technical revision but received no comment letter <br />fi-om the BLM. All other appropriate agencies were notified and we received comments from the <br />U.S. Office of Surface Mining and the Colorado Division of Wildlife but none of their comments <br />were in regard to the archeological site. <br />TR-16 was a lengthy and complex permitting process including a change of DRMS specialist's <br />midway through the review. I was first informed of the site by Gary Isaac, Mine Manager for <br />MCM while doing a partial inspection of the mine on April 20`h. Gary described the location of <br />a recent archeological excavation conducted by Grand River Institute at a location beneath a rock <br />outcrop overhang west of the existing temporary coal waste and sediment storage pile. The <br />location is approximately 450 feet southeast of the Mine Office and is at the approximate <br />location for the new Construction Material Stockpile associated with TR-16. This location <br />would likely be covered over by the stockpile and facilities associated with the new Coal Mine <br />Waste Pile plan. Jim Stover of J.E. Stover & Associates (consulting engineer for MCM) stated <br />to me during a telephone conversation on April 21' following my inspection that he directed <br />Grand River Institute to do an archeological survey and re-evaluation of this specific area <br />planned for new disturbance. He also indicated that this location may have been inadvertently <br />overlooked during the TR-16 review because an archeological survey had not been conducted for <br />the general mine site area since the McClane Canyon Mine was initially permitted nearly thirty <br />years ago in 1980. Gary Isaac of MCM informed me that the BLM knew of the archeological <br />resource as early as 1980. The archeological site is located on BLM surface. <br />During the review of TR-16 none of the parties involved including the DRMS, the BLM, and <br />MCM identified the cultural resource location as being within the new disturbance boundary <br />approved for TR-16. Jim Stover and MCM caught the oversight before any disturbance occurred <br />in this area and followed the correct procedures as outlined in the PAP described previously. <br />Gary Isaac notified me immediately when I arrived on-site for inspection on April 20`h that a new <br />development had occurred. He indicated that Grand River Institute dug a trench at the overhang <br />site and that cultural resources had been identified. The trench was excavated between April 14 <br />through 17, 2009. He said that some charcoal layers and flint were found in the excavation by <br />Grand River Institute. I inspected the location of the trench and was careful not to disturb the <br />site or surroundings. The archeological site remains undisturbed at this time and no new <br />disturbance by the mining company has occurred at this location. <br />MCM is now in the process of determining an appropriate course of action. They are re- <br />evaluating the plans for TR-16 which may include consideration of an alternate location for the <br />Coal Mine Waste Pile. Another option might be to fully evaluate the site and if necessary <br />develop mitigation measures for the cultural resource, which will require BLM, DRMS, and <br />SHPO approval. According to Gary Isaac they may also need to consult with and obtain <br />approval from the Ute Indian Nation. <br />C;: Sandy Brown/DRMS <br />Jim Stover/J.E. Stover & Associates