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<br />-7- <br />• D. Revisions [o applicant's Proposal (`lone) <br />E. Reanalysis of Compliance (`JO ne) <br />°. Stipulations <br /> <br />1) If during mining operations, previously unidentified cultural resources <br />should be discovered, the operator shall immediately cease operations within <br />the vicinity of the site and notify [he regulatory authority. Operations <br />shall not resume unril OS M, the land managing agency, and the State Historic <br />Preservation Officer Nave had adequate opportunity to assess the cultural <br />resource and appropriate mitigati^.g aeasures have been developed, approved, <br />and implemented. <br />Justification: Since there is some question as to the adequacy of the <br />cultural resources servey performed on [he nine plan area, OSM proposed to toe <br />State Historic Preservation Officer that [his be stipulated. The SHPO agreed <br />that such a stipulation would therefore result in a "Yo Effect" determination <br />when OSM approved the mine plan (see attachments '1l and 114). <br />2) The operator will fence the historic grave whi•th is unfenced and no land <br />disturbing activities shall take place within 100 feet of both graves. <br /> Justification: Pursuant to 36 CFR 761.11(8), State laws CRS '.973, <br /> 13-13-101, Criminal Co de: ?,buse of Corpse and as agreed upon with the State <br /> Historic Preservation Officer (see attachments !13 and 114). <br />• 3) The operator shall keep i^ good repair the fence surrounding the Foidel <br /> Canyon School. A gate will be constructed, ac ross the road ~.+hich will go bac:c <br /> to the School, and the surrounding fence so as [o prohibit access. `io land <br /> disturbing activities shall take place within this fenced area and the <br /> operator shall assure that the two structures are not vandalized. <br />Justification: PursuanC to [he agreement with the State Historic Preservation <br />Officer (see attachments 113 and 114). <br />4) Within 90 days after approval of the mine plan, the operator shall submit <br />for approval completed National Register of Historic Places nomination forms <br />to the Colorado State Historic Preservation Officer and OSM for sites SRT32 <br />and SRT192 (Foidel Canyon School). Site SRT192 must also be recorded on site <br />forms appoved by [he Colorado State Historic Preservation Officer. The <br />nomination forms will be completed by a professional archeologist and a <br />professional historian who meet with the approval of the SHPO and OSPI. <br />Justification: Pursuant to agreement with the SHPO so that the approval ~: <br />the sine plan could proceed with a "So Effect" determination (see attachments <br />:t3 and !IG). <br />5) Within 120 days after the approval of the mine plan, the operator steal! <br />develop and submit for approval a preservation plan for Foidel Canyon School <br />(~RT192) to the Colorado State Historic Preservation Officer, OS `!, and the <br />advisory Council on Historic Preservation. <br />• <br /> <br />