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! • -2- 6. Until final eligibility concurrence and a determination of "No Effect," "No Adverse Effect" are obtained from the Colorado SHPO, no work will 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 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 saC,isfactory completion and review by the regulatory authority and the SHPO of the mitigation activities, "clearance" for these protected sites will be issued. 7. 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 notify the regulatory authority. The operator 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 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 SIU'O, concerning the development and implementation of mitigation measures as appropriate. 8. No sub-area of the refuse disposal area shall be disturbed by mining activities until the applicant has demonstrated to the regulatory acthoa~ities' satisfaction that sufficient non-toxic material (<2 ppm extractable selenium) is available to comply with Rule 4.10. This should be done by sampling the soil and vegetation and analyzing for selenium. 9. Within 30 days after permit has been granted, the applicant must provide the following information to the regulatory authority: (a) specifications and calculations showing that ditches along the improved section of County Road 65, the minor access roads, and the conveyor maintenance road have been designed to withstand the 10-year 24-hour storm event; (b) demonst,Faje that the conveyor maintenance road embankment over crossings of tributaries to Red Wash is adequately protected from erosion and fill saturation during a 10-year 24-hour flood event; (c) designs showing that drainage will be properly controlled at Station 7+45.93 of the County Road 65; (d) Identify the origin of road surfacing material and whether or not it has been shown to be non-toxic and non-acid forming; (e) assure [he Rio Blanco County Road Department that there will be no left handed traffic on County Road 78; and _ (f) show that the Refuse Area will not be located less than 100 feet from County Road 78.