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<br />Mining Plan Approval Document No. CO-0038 <br />• Page 2 of 3 <br />4. The operator shall comply with the terms and conditions of <br />the lease, this mining plan approval, and the requirements <br />of Colorado Permit No. C-81-018 issued under the Colorado <br />State program, approved pursuant to the Surface Mining <br />Control and Reclamation Act of 1977 (30 U.S.C. 1201 et <br />sea.). <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superseded, cancelled, or withdrawn.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 Mined Land Reclamation Division and OEM. The <br />operator shall take such actions as are required by Colorado <br />Mined Land Reclamation Division in coordination with OEM. <br />SPECIAL CONDITION <br />Western Fuels-Utah, Inc. (Western Fuels) shall provide <br />documentation to OSM and the BLM White River Resource Area which <br />. clearly indicates all planned operations in the vicinity of known <br />archeological sites SRB1082, 5RB1143, SRB1145, SRH1146, and <br />SRB3451, including an evaluation of potential subsidence effects. <br />This documentation shall be provided in conjunction with <br />Stipulation No. 49 of Colorado MLRD's January 17, 1992 Permit <br />Revision Approval. <br />BLM, through its Programmatic Agreement with the State Historic <br />Preservation Office and the Advisory Council on Historic <br />Preservation, and in concert with OEM, shall conduct consultation <br />to determine 1) the effect of planned operations on the sites, <br />2) eligibility for listing or nomination to the National Register <br />of Historic Places and 3) required treatment to mitigate <br />potential adverse effects to the sites. <br />Western Fuels shall provide to OSM and BLM such information, site <br />evaluations, or proposed treatment plans as requested in order to <br />comply with the appropriate historic preservation legislation. <br />If changes occur in Western Fuels' mining plan which could <br />potentially affect sites 5RB1082, 5RB1143, SRB1145, SRB1146, and <br />5RB3451, Westeyzl~'uels shall notice OSM and BLM in writing prior <br />to conducti o rations which d affect the sites. <br />.~,. s~ ~ ~~~~ JUL 2 t 1992 <br />• uLp Assistant Secretary, Land and Minerals Management Date <br />