2013-03-11_REVISION - C1981019 (2)

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temporary ditches that will not permit water to flow into Collom Gulch or the West Fork of Jubb Creek. Therefore, there will not be an increase in erosion to these areas to impact any potential eligible or unidentified sites in either of these drainages. 2 Avoidance measures and monitoring: We believe that avoidance of all "eligible sites and those needing additional work" within the APE, as well as inspections of these properties, provides a good foundation for future discussion. However, we request an opportunity to review the proposed permit conditions for culture resources. Specifically, and additionally, we recommend that a Colorado - permitted archaeologist monitor on regular interval, perhaps every 3 -4 years, those sites within the APE determined eligible for listing to the National Register or requiring additional data. Further, we recommend that these sites be re- documented prior to the commencement of mining activities in order to establish a baseline condition report from which to compare the results of the future monitoring studies. Finally, pursuant to 36 CFR 800.5(a)(2)(i), ground disturbing activities can adversely affect historic properties including archaeological sites located within buried contexts that have no visible trace on the modern ground surface. Considering that a number of (largely) buried archaeological sites (determined as National Register - eligible or needing additional data) have been identified within certain topographical settings within the permit area (e.g. drainage banks and terraces), we strongly recommended that OSM complete a geoarchaeological analysis for the APE. The purpose of this study is to delineate areas that have a high potential for buried archaeological material for which monitoring shall be required as an additional permit condition. Response: The company has previously committed to avoiding all "eligible sites and those needing additional work ". The company has also volunteered to add the following statement to its permit application package stating, " Colowyo will avoid all eligible sites and those needing additional work within the permitted area. Should disturbance to a site be determined unavoidable, Colowyo will take the necessary steps to avoid disturbance of the site and will inform the CDRMS and OSMwho in turn will contact SHPO and any other parties deemed necessary (tribes, BLM, and the public). New consultations between the parties will commence to determine the need for additional work to complete an eligibility determination, finish the eligibility determination, and if necessary develop a mitigation /data recovery plan. If a mitigation plan is needed a Memorandum of Agreement will be developed and implemented. As an example Colowyo Coal Company through their cultural resources contractor (TRC Mariah Associates) provided a "Historic Properties Treatment Plan for Four Sites within the Proposed Colowyo Collom Mine Expansion Project, Moffat County, Colorado " in their permit application to CDRMS. The four prehistoric sites were evaluated as field eligible (5MF969, 5MF4003, 5MF3996, and 5MF6098) but needing final determinations. The plan is unevaluated but can with review serve a starting point for treating these and other eligible prehistoric sites should they be threatened by mining impacts. 3