2012-01-06_PERMIT FILE - C1982057 (5)

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Subsequent to the original investigations, SCC was issued Mining Permit No. C-82-057 for the Seneca II-W Mine. The Federal Mining Plan Approval Document No. CO-0067, dated February, . f 986, contained Special Condition No. 1 which stipulated that prior to disturbance within Z00 feet, SCC must post identifying signs and prevent further disturbance to Site 5RT132, unless and until the site has been determined to be ineligible for listing in the NRHP. Special Condition No. 1 further stipulated that SCC initiate the appropriate consultation to deveelop and implement a plan to test the elifibility of Site 5RT132 to the NRHP. Initiation of mining at Seneca II-W was subsequently delayed, in turn delaying the need for testing of Site 5RT~132. Testing of Site 5RT132 was finally conducted in August, 1989. Metcalf Archaeological Consultants, Inc. (MAC) was contracted by SCC to test the site for eligibility and, if appropriate, to design a data recovery or mitigation plan. Testing was conducted usin{I a work plan developed in consultation with the Bureau of Land Management (BLMI Little Snake Resource Area archaeologist and the Otfice of Surface Mining Reclamation and Enforcement IOSMREI archaeologist. Testing showed that surface artifacts are relatively abundant at the site, but intact remains are limited to a very small area (Addendum 31• MAC concluded that the site holds limited potential for addressing research goals for the region, and recommended that the site is not eligible for the NRHP. Notification of the testing results for Site 5RT732 was sent to the Colorado Mined Land Reclamation Division, the Colorado State Preservation Officer (SHPOI, the OSMRE, and the BLM, along with a request for concurrence with MAC's recommendations. On November 29, 1989, the SHPO concurred that Site 5R7132 is not eligible to the NRHP (see Attachment 1 - Letter dated November 12, 1989 to Peabody from Barbara Sudler, SHPO1. To date, SCC has not received any response from '[he remaining agencies. In anticipation of the 1990 application to revise Permit No. C-82-057 and expand the permit area, SCC contracted with MP.C to conduct archaeological clearance activities in proposed permit expansion areas that had not been previously surveyed. The expansion survey areas are shown on Figure 1, Page 2, Addendum 4; and Exhibit 5-1. The survey of proposed expansion areas resulted in substantiating previously-recorded Site 5RT118 and identifying isolated find 5RT709 (Addendum 41. In MAC's opinion, Site !iRT118 is significant in that previously unidentified fire-cracked rocks end potential hearths were found in the immediate vicinity of the previously-documented rock art panels. They 2