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~ 1 Mid-Term Review 24 November 27, 1985 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 NO LATER THAN 90 DAYS FROM ACCEPTANCE OF DEPARTMENTAL APPROVAL OF THE MINE PLAN. A letter to the Uivision dated August 25, 1981 indicates that a preliminary report prepared by Nickens and Associates presenting information on the 17 "potentially" eligible sites was being reviewed by the BLM. The letter further indicated that the BLM would forward the report to OSM for final agreement as to which of the 17 sites were potentially eligible. A letter from the Division to Western Fuels dated September 23, 1981 indicated that the requirements of this stipulation had been satisfied. In order to update the permit however, the above referenced report should be incorporated into the appropriate section of the application. 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. A site specific mitigation plan for the 14 sites determined eligible by the SHPO was submitted to MLRD and OSM on March 9, 1983. However, no subsequent mitigation plan approval document from either MLRD or OSM could be located in the Division files. Western Fuels must obtain approval for this mitigation plan from OSP1 and incorporate the approved plan into the appropriate section of the permit application. Stipulation No. 32 THE OPERATOR SHALL IMPLEMENT THE MITIGATION PROCEDURES SPECIFIED IN STIPULATION N0. 2 IN STRICT ADHERENCE WITH THE OBJECTIVES, METHODS, AND TECHNIQUES SPECIFIED IN THE MITIGATION PROPOSAL APPROVED BY THE REGULATORY AUTHORITY AND THE COLORADO SHPO. THE PLAN SHALL BE IMPLEMENTED IN ACCORDANCE WITH PART II OF THE ADVISORY COUNCIL'S "GUIDELINES", AND ANY DEVIATIONS FROM THE APPROVED PROPOSAL MUST FIRST BE SUBMITTED TO THE REGULATORY AUTHORITY, FOR APPROVAL. A DRAFT REPORT OF THE DATA RECOVERY SHALL BE SUBMITTED FOR REVIEW AND APPROVAL TO THE REGULATORY AUTHORITY AND THE SHPO PRIOR TO ANY SURFACE COAL MINING AND RECLAMATION ACTIVITIES AT OR ADJACENT TO ANY OF THE ELIGIBLE SITES.