2013-03-11_REVISION - C1981019 (2)

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During the first three years of topsoil stripping, the company has also volunteered to employ a state permitted archaeologist to monitor topsoil stripping efforts which will assist in identification of any buried culture resources. Should a site be encountered topsoil stripping will cease for 100 feet around the site. The company will promptly report the discovery and follow the procedures of the discovery clause presented above. If no sites are discovered during the first three years of topsoil stripping this monitoring requirement will be dropped. Additionally, based on earlier consultations by the BLM with the SHPO, cairn sites 5MF469, 5MF1610, and 5MF1611 will be avoided by mining operations because they may hold unidentified human remains. A 100 foot buffer around the site will be maintained in accordance with 30 CFR 761.11g (avoidance of cemeteries) and CRS 24- 80 Part 13. Should any of these sites be threatened by mining additional consultations will be required involving OSM, SHPO, CDRMS, the company, Indian tribes and other pertinent parties. 3 Nature of agreement: For a project with an 18 to 20 -year time frame involving extensive monitoring, we believe resolution of consultation may need to include an agreement including annual reporting. Whether this takes the form of a Memorandum of Agreement or Programmatic Agreement is not as important to us as the terms of agreement. The agreement should include the discovery clause provided within your recent correspondence. Response: Both results from the field evaluations (Initial baseline update and subsequent visits) and topsoil stripping monitoring on an annual basis will be reported as the tasks are completed to the Division and OSM who provide the information to the SHPO. After the baseline report is compiled and subsequent reports indicated no impact have occurred no follow up action will be required from SHPO, the Division, and/or OSM. OSM also believes that proper notification to all parties has occurred on this proposed project as dictated by SMCRA and the Division Rules. Tribes were given the opportunity to comment on the project in 2006 during the federal leasing process and the Southern Ute tribe did respond on March 16, 2006 with a no effect determination from the proposed project. Public notices have been posted as required during the duration of the permitting process for this project which provided ample opportunity for local governments to comment on the project as deemed necessary. Therefore, OSM believes that the company has satisfied the requirements of public, tribes, and local government notifications as required under SMCRA. Information regarding mining operations and cultural resources activities will continue to provide periodically to the various groups. Specific one -on -one or group consultations will be conducted when necessary. 5