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-6- 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 R 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 [JITH THE QUESTION OF ELIGIBILITY. R BRIEF FINAL REPORT ON THE TESTING PROGRAM SHOULD BE SUBMITTED NO LATER THAN 90 DAYS FROM ACCEPTANCE OF DEPARTMENTAL APPROVAL OF THE MINE PLAN. 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. 32. THE OPERATOR SHALL IMPLEMENT THE MITIGATION PROCEDURES SPECIFIC IN STIPULATION N2 IN STRICT ADHERENCE WITH THE OBJECTIVES, METHODS, AND TECHNIQUES SPECIFIED IN THE MITIGATION PROPOSAL APPROVED BY THE REGULATORY AUTHORITY RND 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 RND 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. 33. UNTIL FINAL ELIGIBILITY CONCURRENCE AND A DETERMINATION OF "NO EFFECT", "NO ADVERSE EFFECT" IS OBTAINED FROM THE COLORADO SHPO NO WORK fdILL BE PERMITTED IN AREAS WHICH MIGHT ENDANGER THE INTEGRITY OF THE FOLLOWING SITES: SRB854, 855, 856, 860, 906, 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 G7ESTERN FUELS AS TO THOSE AREAS THAT STILL REQUIRE PROTECTION UNTIL MITIGATION O£ IMPACTS HAS BEEN COMPLETED. THE BOUNDARIES OF THE ELIGIBLE SITES [JILL 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 [JILL BE ISSUED. 3.`4. IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL RESOURCES RRE DISCOVERED, THE APPLICANT SHALL INSURE THAT THE SITE IS NOT DISTURBED AND SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR SHALL INSURE THAT THE RESOURCE(S) IS PROPERLY EVALUATED IN TERMS OF THE NATIONAL REGISTER OF NISTORIC PLACES ELIGIBILITY CRITERIA (36 CFR 60.6). SHOULD A RESOURCE BE 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 IMPLEMENTATION OF MITIGATION MEASURES AS APPROPRIATE.