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r1 1 Mid-Term Review 25 November 27, 1985 This is an ongoing stipulation attached to permit No. C-81-018 which will remain in effect throughout the term of the permit. Stipulation No. 33 UNTIL FINAL ELIGIBILITY CONCURRENCE AND A DETERMINATION OF "NO EFFECT", "NO ADVERSE EFFECT" IS OBTAINED FROM THE COLORADO SHPO NO WORK WILL BE PERMITTED IN AREAS WHICH MIGHT ENDANGER THE INTEGRITY OF THE FOLLOWING SITES: 5P3854, 855, 856, 860, 406, 907, 921, 1008, 1029, 1047, 1051, 1148, 1160, 1170, 1171, 1175, 1176, 232, 491, 858, 859, 903, 922, 1059. ONCE CONCURRENCE IS ACHIEVED, OSM WILL NOTIFY WESTERN FUELS AS TO THOSE AREAS THAT STILL REQUIRE PROTECTION UNTIL MITIGATION OF IMPACTS HAS BEEN COMPLETED. THE BOUNDARIES OF THE ELIGIBLE SITES WILL BE FLAGGED UNDER THE SUPERVISION OF A QUALIFIED ARCHAEOLOGIST. UPON SATISFACTORY COMPLETION AND REVIEW BY THE REGULATORY AUTHORITY AND THE SHPO OF THE MITIGATION ACTIVITIES, "CLEARANCE" FOR THESE PROTECTED SITES WILL BE ISSUED. Western Fuels needs to clarify whether final eligibility concurrence and determination of "no effect" and/or "no adverse effect" has been obtained from the Colorado SHPO, and whether Western Fuels has received notification from OSM as to those areas that still require protection until mitigation of impacts has been completed. Stipulation No. 34 IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL RESOURCES ARE DISCOVERED, THE APPLICANT SHALL INSURE THAT THE SITE IS NOT DISTURBED AND SHALL INSURE THAT THE RESOURCE (S) IS PROPERLY EVALUATED IN TERMS OF THE NATIONAL REGISTER OF HISTORIC PLACES ELIGIBILITY CRITERIA (36 CFR 60.6). SHOULD A RESOURCE BY DETERMINED ELIGIBLE FOR LISTING IN CONSULTATION WITH THE REGULATORY AUTHORITY AND THE SHPO, THE OPERATOR SHALL CONFER WITH AND OBTAIN THE APPROVAL OF THE REGULATORY AUTHORITY AND THE COLORADO SHPO, CONCERNING THE DEVELOPMENT AND IP1PLEMENTATION OF MITIGATION MEASURES AS APPROPRIATE. This is an ongoing stipulation attached to permit No. C-81-018 which will remain in effect throughout the term of the permit.