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-6- =~. [i7TItJ 30 CA YS OF ACCEPT.:\'CE OF APPROC?L OF THE "TINE PL~1J, T.YE APPLICANT S H.vLL ENSURE THAT THEIR CULTURAL n^ESOi1RCE CONTRACTOR HAS SUFFICIENTLY DOCUMENTED THE 17 "POTENTIALLY" ELIGIBLE SITES SO THAT OSM h1AY SUBMIT A REQUEST FOR ELIGIBILITY OR NON-ELIGIBILITY CONCURRENCE FOR THESE SITES TO THE COLO.v1D0 SHPO. THE INITIAL DOCU,•fENTATZON ON THE ELIGIBILITY TEST PROGRAM ~:.; 1' BE IN DRAFT FO.Rhf AND CONCERN ITSELF ONLY WITH THE QUESTION OF ELIGIBILITY. A BRIEF FINAL REPORT ON THE TESTING PROGRAhf SHOULD BE SUBMITTED NO LATER THAN 90 DA 5'S FROhf ACCEPTANCE OF DEPARThfENTAL APPROVAL OF THE hfZNE PLAN. 31. FOLLOWING SHPO REVIEW AND CONCURRENCE GJITH THE ELIGIBILITY ASSESSMENTS, OS!! [}'ILL PROVIDE [JESTERA' FUELS WITH A LIST OF SITES THAT RAVE BEEN DETERMINED ELIGIBLE. WITHIN 60 DAY'S OF RECEIPT OF THIS ELIGIBILITY LIST WESTERN FUELS k'ILL SUBMIT A SITE-SPECIFIC h1ITIGATION PLAN FOR THOSE ELIGIBLE SITES FOR REGULATORY APPROVAL. 32. THE OPERATOR SHALL Ih1PLEMENT TXE MITIGATION PROCEDURES SPECIFIC IN STIPULATION ~2 IN STRICT ADHERENCE [dITH THE OBJECTIVES, METHODS, RND TECHtJIQUES SPECIFIED ZN THE MITIGATION PROPOSAL APPROVED BY THE REGULATORY AUTHORITY AND THE COLORADO SNPO. THE PLAN SHALL BE IMPLEMENTED IN ACCORDANCE WITH PART II OF THE ADVISORY COUIJCIL'S "GUIDELINES", AIJD 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 AND APPROVAL TO TXE REGULATORY AUTHORITY AND THE SHPO PRIOR TO ANY SURFACE COAL N,INZNG AND RECLAMATION ACTIVITIES AT OR ADJACENT TO AIJY OF THE ELIGIBLE SITES. 33. UA'TIL FINAL ELIGIBILITY CONCURRENCE AND A DETERMINATION OF "NO EFFECT", "1,'O ADVE'RSE EFFECT" IS OBTAINED FROhf THE COLORADO SHPO NO WORK WILL BE PERhfITTED IN AREAS N'HICH hfIGHT ENDANGER THE IIJTEGRITY OF THE FOLLOWING SITES: SR3854, 855, 856, 860, 906, 907, 921, 1008, 1029, 1047, 1051, 1148, 1'60, 1170, 1I71, 1175, 1176, 232, 99I, 858, 859, 903, 922, 1059. ONCE COIJCURR£NCE IS ACHIEVED, CSM WILL NOTIFY [.'ESTERN FUELS AS TO THOSE AREAS THAT STILL REQUIRE PROTECTZOh' UA'TIL LITIGATION OF IhfPACTS HAS BEEN COFIPLETED, Tiff BOUA'DARIES OF THE ELIGIBLE SITES WILL BE FLAGGED UNDER THE SUPERVISION OF A QUALIFIED ARCHAEOLOGIST. UPON SATISFACTORY COh1PLETION AND REVIEW BY THE REGULATORY AUTHORITY AND THE SNPO OF TXE MITIGATION ACTIVITIES, "CLEARAlJCE" FOR THESE PROTECTED SITES [42LL BE ISSUED. 3$. IF, DUP.ZNG THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL RESOURCES ARE DISCOVERED, THE APPLICANT SHALL INSURE THAT THE SITE IS NOT DISTURBED RND SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR SHALL ItJS LIRE THAT THE RESOURCE(S) IS PROPERLY EVALUATED IN TERMS OF T.YE I:ATIO.^i:,L REGISTER OF HISTORIC PLACES ELIGIBILITY CP,ITEP.IA (36 CFR 60.6J . S.YOULD A RESOURCE BE DETERMINED ELIGIBLE FOR LISTING IN COA'SULTATION WITH T!:'c REGGL>;TORS' ALir.'ORITY AA°D PHE SHPO, THE OPERATOR SHALL CONFER WITH AND OBTAZA' THE APPROVAL OF T.YE REGULATOP.S' AUTHORITY AND THE COLORADO SXPO, CONCERNING TES DEl•BLOP.'~:c. A'T AIJD I":PEES: E.1'TATION OF hfITIGATIOA' h.'EASUPES AS APPROPRIATE. „ .