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<br />• <br />• <br />Mining Plan Approval Document No. CO-0093 <br />Page 2 of 2 <br />9. The operator shall comply with the terms and conditions of <br />the leases, this mining plan approval, and the requirements <br />of the Colorado Permit No. CO-81-035 issued under the <br />Colorado State program, approved pursuant to the Surface <br />Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 <br />gt seg.). <br />5. This mining plan approval shall be binding on any person <br />conducting coal development or mining operations under the <br />approved mining plan and shall remain in effect until <br />superseded, canceled, or withdrawn. <br />6. If during mining operations unidentified prehistoric or <br />historic resources are discovered, the operator shall ensure <br />that the resources are not disturbed and shall notify <br />Colorado Division of Minerals and Geology and the Office of <br />Surface Mining Reclamation and Enforcement (OSM). The <br />operator shall take such actions as are required by Colorado <br />Division of Minerals and Geology in coordination with OSM. <br />7. The Secretary retains jurisdiction to modify or cancel this <br />approval, as required, on the basis of further consultation <br />with the U.S. Fish and Wildlife Service pursuant to section <br />7 of the Endangered Species Act, as amended, 16 U.S.C. ~~ <br />1531 et seq. <br />Assistant Secretary, Land and Minerals Management <br />/~ J22/5 ~ <br />Date <br />