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<br />J15. No coal seams (Lennox, rider seams, Wadge) or coal seam splits 28 inches <br />or greater in thickness will be spoiled or left unmined without the <br />express written consent of the regulatory authority and the USGS Area <br />Mining Supervisor. The area Mining Supervisory may require the mining of <br />coal seams or splits that are less than 28 inches in thickness. <br />16. Auger mining shall not be allowed without the express written consent of <br />theyregulatory authority and the USGS Area Mining Supervisory. <br />J 17. If, during mining operations, previously unidentified cultural resources <br />should be discovered, the operator shall immediately cease operations <br />within the vicinity of the site and notify the regulatory authority. <br />Operations shall not resume until OSM, the land managing agency, and the <br />State Historic Preservation Officer have had adequate opportunity to <br />assess the cultural resource. Mining operations shall not resume until <br />appropriate mitigating measures have been developed, approved, and <br />implemented. <br />J 18. Within 60 days after mine-plan approval, the operator shall fence the <br />historic grave which is unfenced. In addition, no land disturbing <br />activities shall take place within 100 feet of the two known graves on <br />the permit area. <br />J 19. The operator shall keep the fence surrounding the Foidel Canyon School in <br />good repair. Agate must be constructed across the road leading to the <br />school to prohibit access into the fenced area. No land disturbing <br />activities shall take place within this fenced area: and the operator <br />shall insure that the two structures are not vandalized. <br />X20. Within 90 days afiter approval of the mine plan, the operator shall submit <br />completed National Register of Historic Places nomination forms to the <br />regulatory authority and the Colorado State Historic Preservation Officer <br />for sites SRT32 and 5RT192 (Foidel Canyon School). Site 5RT192 must also <br />be recorded on site forms approved by the Colorado State Historic <br />Preservation Officer (S HP 01. The nomination forms will be completed by a <br />professional archeologist and a professional 'Historian who meet with the <br />approval of the regulatory authority and the SHPO. <br />~ 21. Within 120 days otter the approval of the mine plan, the operator shall <br />develop and submit for approval a preservation plan for Foidel Canyon <br />School (5RT192) to the regulatory authority and to the Colorado State <br />Historic Preservation Officer, and the Advisory Council on Historic <br />Preservation. <br />Our records indicate that stipulation responses were received for Special <br />Stipulation Numbers 1, 3, 4, 5, 6, 9, 11, 13, 15, 20, and 21. However, we <br />cannot find any document which verifies approval of the submitted <br />information. Please review your files and forward any information that will <br />help us verify final resolution of these stipulations. <br />We consider Special Stipulation Number 2 to be resolved (if not already <br />resolved), with the submittal and subsequent approval of technical revision <br />numbers 15 and 18. <br />-10- <br />