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Attachment 1 SPECIAL STIPULATIONS OSti and Colorado Mined Land Reclamation Division have identified the following stipulations (conditions of approval) which are needed to ensure the MRP complies with Federal and State regulations implementing SMCRA. The term "regulatory authority" means the Colorado Itined Land Reclamation Division and the Department of the Interior, OSt1, unless otherwise specified in the Colorado permanent program agreement. 1. The applicant shall obtain rights -of~ay from BLti prior to the construction of off-lease roads, transmission lines, water lines, and facilities and for third party facilities on the leases. 2. Upon completion of production mining within the easternmost portion of room and pillar panel R. P.I-D and the eastern half of longwall panel L.W.D.-i, the applicant shall analyze the subsidence monitoring data collected to that date. No production mining shall commence within any additional panels until that report has been reviewed and approved by the regulatory authority. If the results of that analysis determine that a revision of the mining plan for the remainder of Che mine is appropriate, the applicant shall complete the appropriate revisions and submit them to the regulatory authority for review. No production mining shall commence within any additional panels of theD..mine until that revision has been approved by the regulatory authority. +~. 3. Within 30 days of acceptance of Departmental approval of the mine plan, the applicant shall ensure that their cultural resource contractor has sufficiently documented the 17 "potentially" eligible sites so that OStt 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. 4. Following SNPO review and concrrence 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. 5. The operator shall implement the mitigation procedures specified in Stipulation 114 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 [o the regulatory authority, for approval. A draft report of the data recovery shall be submitted for review and approval [o the regulatory authority and the SHPO prior to any surface coal mining and reclamation activities at or adjacent to any of the eligible sites.