2019-05-29_REVISION - C1981018 (11)

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13 Stipulation No. 27: UPON APPROVAL OF DEPARTMENTAL ACTION THE OPERATOR WILL SUBMIT WITHIN 30 DAYS PLANS FOR CONSTRUCTION OF POWERLINES USING APPROVED GUIDELINES FOR RAPTOR PROTECTION. Status: This stipulation was satisfied and terminated on September 23, 1981. Stipulation No. 28: UPON APPROVAL OF DEPARTMENTAL ACTION THE OPERATOR WILL COMMIT WITHIN 30 DAYS TO NOT USING PERSISTENT PESTICIDES UNLESS APPROVED BY THE REGULATORY AUTHORITY AND TO FENCE ANY PONDS THAT CONTAIN TOXIC MATERIALS. Status: This stipulation was satisfied and terminated on August 27, 1981. Stipulation No.29: A STATE AIR QUALITY PERMIT IS REQUIRED BEFORE CONSTRUCTION AND OPERATION CAN BEGIN. Status: This stipulation was satisfied and terminated on August 27, 1981. Stipulation No. 30: WITHIN 30 DAYS OF ACCEPTANCE OF APPROVAL OF THE MINE PLAN, THE APPLICANT SHALL ENSURE THAT THEIR CULTURAL RESOURCE CONTRACTOR HAS SUFFICIENTLY DOCUMENTED THE 17 "POTENTIALLY" ELIGIBLE SITES SO THAT OSM MAY SUBMIT A REQUEST FOR ELIGIBILITY OR NON-ELIGIBILITY CONCURRENCE FOR THESE SITES TO THE COLORADO SHPO. THE INITIAL DOCUMENTATION ON THE ELIGIBILITY TEST PROGRAM MAY BE IN DRAFT FORM AND CONCERN ITSELF ONLY WITH THE QUESTION OF ELIGIBILITY. A BRIEF FINAL REPORT ON THE TESTING PROGRAM SHOULD BE SUBMITTED WITHIN 90 DAYS. Status: This stipulation was satisfied and terminated on September 23, 1981. Stipulation No. 31: FOLLOWING SHPO REVIEW AND CONCURRENCE WITH THE ELIGIBILITY ASSESSMENTS, OSM WILL PROVIDE WESTERN FUELS WITH A LIST OF SITES THAT HAVE BEEN DETERMINED ELIGIBLE. WITHIN 60 DAYS OF RECEIPT OF THIS ELIGIBILITY LIST WESTERN FUELS WILL SUBMIT A SITE-SPECIFIC MITIGATION PLAN FOR THOSE ELIGIBLE SITES FOR REGULATORY APPROVAL.