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supervision by a qualified azchaeologist during topsoil removal, as well as documentation <br />and recovery of all artifacts unearthed during topsoil stripping. Details of the initial <br />survey and mitigation plans are located in Volume 2, Tab 5, of the permit application <br />(2.07.6(2)(e)(ii)). <br />A stipulation (No. 3) was placed on the 1987 permit to address the possibility of <br />encountering previously undiscovered cultural resources within the permit area. That <br />stipulation is retained here: <br />STIPULATION 3 <br />IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY <br />UNIDENTIFIED CULTURAL RESOURI:ES ARE DISCOVERED, THE PERMITTEE <br />SHALL INSURE THAT THE SITE IS NOT DISTURBED AND SHALL NOTIFY THE <br />COLORADO DNISION OF MINERALS AND GEOLOGY AND THE UNITED <br />STATES OFFICE OF SURFACE MINING (OSM). THE PERMTTTEE SHALL <br />INSURE THAT THE RESOURCE IS PROPERLY EVALUATED IN TERMS OF THE <br />NATIONAL HISTORIC PLACES ELIGIBILITY CRITERIA (36 CFR 60.61). <br />SHOULD A RESOURCE BE DETERMINED ELIGIBLE FOR LISTING ON THE <br />NATIONAL REGISTER, APPROPRIATE MITIGATION MEASURES WII.L BE <br />DEVELOPED AND IMPLEMENTED IN CONSULTATION WITH THE STATE <br />HISTORIC PRESERVATION OFFICE (SHPO), THE BUREAU OF LAND <br />MANAGEMENT (BLM), THE OFFICE OF SURFACE MINING (OSM), AND THE <br />COLORADO DNISION OF MINERALS AND GEOLOGY (CDMG). <br />6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not <br />required (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclantation Ac[, the Division finds that Seneca Coal <br />Company does own or control a operation which is currently in violation in the state of <br />Kentucky but is in the process of correcting such violation. (2.07.6(2)(g)(h)). A <br />settlement agreement is currently in place, therefore, the following stipulation is <br />warranted; <br />STIPULATION 31 <br />THE PERMIT RENEWAL OF THE SENECA II MINE IS CONDITIONED UPON THE <br />RESOLUTION OF KENTUCKY CNIL PENALTY VIOLATIONS AND BOND <br />FORFEITURE ASSOCIATED WITH PERMIT NUMBER 8980140. PROOF OF <br />tz <br />