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(OSM) conducted a joint eligibility review of the contractors' work and eligibility <br />recommendations of the sites. This review determined that 7 sites were eligible, 37 not <br />eligible and 17 needed further field documentation by the contractor to determine eligibility <br />under criteria (d) 36 CFR 60.6. <br />Further work by the company, OSM, and SHPO determined the eligibility of all sites, and <br />subsequently agreed to mitigation measures to be implemented by the permittee. The <br />mitigation plan involved commitments by Western Fuels -Utah, an earlier permittee, to avoid <br />disturbing any site determined eligible, and to commit to conduct periodic field <br />reconnaissance to determine if surface subsidence had affected any of the above referenced <br />cultural resource sites. Off -road travel is prohibited within the permit area by all project <br />personnel, and cultural resource maps and related information is kept confidential. <br />In accordance with a BLM recommendation regarding Technical Revision 38, in order to <br />ensure appropriate protection of cultural resources potentially impacted by drilling or other <br />development activity within the permit area, the following stipulation is imposed: <br />Stipulation No. 50: If, in its operation, the operator discovers any cultural remains, <br />monuments or sites, or any object of antiquity subject to the antiquities act of June 8, 1906, <br />(34 stat.225; 16J U.S.C. Sec. 431 -433), the Archeological Resources Protection Act of 1979 <br />(public law 96 -95), and 43 CFR, Part 3, the operator shall immediately cease activity and <br />report directly to the area manager, Bureau of Land Management (BLM). The Bureau shall <br />then take such action as required under the acts and regulations there under. The operator <br />shall follow the mitigation requirements set forth by BLM concerning protection, <br />preservation, or disposition of any sites or material discovered. In cases where salvage <br />excavations is necessary, the cost of such excavations shall be borne by the operator unless <br />otherwise stated. <br />On the basis of information submitted by the operator, in the form of cultural and historic <br />resource inventories and permit commitments, the Division finds that subject to valid <br />existing rights as of August 3, 1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Officer (2.07.6(2)(e)(i)). A <br />letter of March 2, 2011, from the State Historic Preservation Officer, stated their finding that <br />the operation would not affect cultural resources, and noted that, if archaeological resources <br />are discovered during project activities, "work must be interrupted until the resources have <br />been evaluated in terms of the National Register of Historic Places eligibility criteria... ". <br />The approved permit application contains a written commitment addressing the requirement <br />to evaluate previously unidentified cultural and historic resources prior to disturbance, and <br />this requirement is further addressed by Permit Stipulation No. 50. <br />6. This mining operation proposes no surface mining of coal; therefore, the documentation <br />specified by Rule 2.03.6(2) is not required. (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34 -33- 114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that, based on <br />Deserado Mine Permit Revision 07 <br />C -1981 -018 25 29 June 2011 <br />