2013-03-11_REVISION - C1981019 (2)

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Additionally, a specific "Unanticipated Discovery " stipulation will be included in the Division permit and Federal Mine Plan recommendation(s). The discovery stipulation includes consideration of discovered human remains. "If a previously unidentified cultural resources) is discovered in the permit area that will be affected by mining or mining related activities the company shall take measures to protect the cultural property, document the discovery and provide written notice to CDRMS and OSM within 48 hours. CDRMS and OSM shall consult with SHPO on eligibility and effect and to determine appropriate measures necessary to mitigate effects of the potential impacts upon the historic properties(s). Consultations will include the federal land management agency(s) and others as necessary. Should the discovery involve a burial or a potential Traditional Cultural Property (TCP), the affected tribe(s) will be notified and consulted with as appropriate. When agreement is reached between the parties, the appropriate mitigation measures, if necessary, will be implemented. The consultation results and future requirements will be included in a cultural resources Memorandum of Agreement. The cost of cultural resources activities will be borne by the company. Furthermore, prior to commencing any ground disturbing activities, the company has volunteered to engage a Colorado permitted archaeological contractor undertake an updated baseline assessment of all eligible sites and those sites needing additional information to determine eligibility inside the permit boundary. The investigation and report will include the following sites and areas: • Eligible Sites including 5MF4008, 5MF6089, and 5MF6128. • Sites needing additional work including 5MF969, 5MF4003, 5MF4006, 5MF3996,_5MF6098,_5MF1652, 5MF4010, 5MF5417, 5MF5418, 5MF5419, 5MF6116, and 5MF6130. On the other hand, all sites listed for additional information, but located outside the permit boundary will not be included in this evaluation • Investigation of the drainage area between Collom Sump and Little Collom Pond for the presence or the likelihood of locatingprehistoric sites. Once up dated baseline information is gathered the company will follow up with field investigations once every four years and re- evaluate the sites and any potential impacts to the sites. After three consecutive evaluations (12 years), should a no effect determination for impacts to these sites be rendered, the requirement to monitor these sites will be relinquished. Should a determination be made that a site has or is being impacted during the evaluations, the company will take the necessary steps to protect the site from further harm and contact CDRMS and OSM who in turn will consult with SHPO and any other parties deemed necessary (tribes, BLM, and the public) regarding further evaluation and work that is necessary at the site. 11