2009-02-10_PERMIT FILE - C1981022 (5)

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Section - 204.4 • Substation No. 3 was constructed in an area that has been previously surveyed (Grand River Institute, March 1992) for cultural resources. The declaration of negative findings contained in Exhibit 2.04-E2 presents areas that have been previously surveyed. None of the previously surveyed areas contained any sites that were considered eligible for listing on the National Register of Historic Places. During fall 1995, in preparation for permitting of the West Valley Fill coal refuse and mine development waste disposal area and associated haul road, Grand River Institute conducted a cultural resource survey of the area west of the Somerset Cemetery. The survey and resulting report dated November 8, 1995 cover an area of approximately 40 acres in T13S, R90W, Sections 7 and 8. The survey resulted in two isolated finds of stone artifacts utilized for floral processing. Survey results are included in Exhibit 2.04-E2. As part of a proposed 160-acre lease modification and the associated Permit Revision Number 3, a file search of the Colorado Inventory of Cultural Resources and a cultural resource inventory were completed. The cultural resource inventory, conducted by Grand River Institute, resulted in a Negative Declaration of Findings as documented by the August 30, 1996 report included in Exhibit 2.04-E2. Recognizing that activities associated with development of the West Valley Fill and associated haul road could be of concern relative to the Somerset Cemetery, Oxbow in October 1996 requested information from the Colorado Historical Society relative to the cemetery's historical importance and any necessary measures to protect the cemetery during construction. The Colorado Historical Society's response dated October 16, 1996 indicated no effect to historical properties and provided guidance relative to procedures to follow in the unlikely event that an unmarked human grave is encountered during construction. Both the initial information request and the resulting response are • included in Exhibit 2.04-E2. As part of the Elk Creek lease application and in conjunction with this Permit Revision PR-04, a file search of the Colorado Inventory of Cultural Resources was completed. Three sites were identified in the lease area including the Somerset Town and Cemetery, which has been determined as ineligible as discussed above under the March 1980 investigations, and the two isolated finds identified in the fall 1995 survey, as discussed above. Documentation of the file search is included in Exhibit 2.04-E2. A Class III Cultural Resource Survey was completed in May June 2001 by Western Cultural Resource Management, Inc. (WCRM) for an area of approximately 1,330 acres affected by OMLLC's Elk Creek Lease Exploration Project. A file search of the Colorado Inventory of Cultural Resources indicated no previously recorded sites, but segments of two previously recorded linear features, the Denver & Rio Grand Western Railroad and Fire Mountain Canal, occur within the study area. It was not anticipated that either of these features would be impacted by exploration activities, but the study report did note that, if there was the potential for impacts, appropriate recordation activities should be completed consistent with BLM Level II Standards. Field survey efforts did not identify any cultural resource sites or values beyond those previously discussed. Survey results are included in Exhibit 2.04-E2. In May 2003, Metcalf Archaeological Consultants, Inc. (MAC) completed a cultural resource survey of areas potentially affected by development of the II West Coal Refuse Facility. The survey included a file search of the Colorado Inventory of Cultural Resources and field survey of the potentially affected areas. Survey activities did not identify any cultural resource sites or values within the study area. Survey results are included in Exhibit 2.04-E2. 0) Paleontological Resources None of the file searches, site investigations, or actual site disturbance activities have resulted in identification of any paleontological resources within the mine permit area. IIWCRF 2.04-6 June 2003