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The following stipulation, attached to the previous permit, remains in <br />affect: <br />Stipulation No. 1 <br />IF, DURING THE COURSE OF OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL <br />RESOURCES ARE DISCOVERED, THE APPLICANT SHALL INSURE THAT THE SITE IS NOT <br />DISTURBED AND SHALL NOTIFY THE REGULATORY AUTHORITY. THE APPLICANT SHALL <br />INSURE THAT THE RESOURCE(S) IS/ARE PROPERLY EVALUATED IN TERMS OF THE <br />NATIONAL REGISTER OF HISTORIC PLACES ELIGIBILITY CRITERIA (36 C.F.R. <br />60.6). SHOULD A RESOURCE BE DETERMINED ELIGIBLE FOR LISTING IN <br />CONSULTATION WITH THE REGULATORY AUTHORITY AND THE STATE HISTORICAL <br />PRESERVATION OFFICE (SHPO), THE APPLICANT SHALL CONFER WITH AND OBTAIN <br />THE APPROVAL OF THE REGULATORY AUTHORITY AND THE SHPO CONCERNING THE <br />DEVELOPMENT AND IMPLEMENTATION OF MITIGATION MEASURES AS APPROPRIATE. IF <br />PREVIOUSLY UNPLANNED SURFACE DISTURBING ACTIVITIES ARE NECESSARY, THE <br />APPLICANT SHALL SUBMIT A JUSTIFICATION AND MAPS SHOWING THE PROPOSED <br />DISTURBANCE TO THE REGULATORY AUTHORITY FOR APPROVAL PRIOR TO THE <br />COMMENCEMENT OF THESE ACTIVITIES. <br />On the basis of information submitted by Salt Creek Mining Company in the <br />form of a Cultural Resources Inventory of the remainder of the permit <br />area, the Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic <br />Preservation Office. (2.07.6(2)(e)(i)). With acceptance of the <br />stipulations above, the operation is in compliance with the requirements <br />of this section. <br />6. For this surface mining operation, private mineral estate has not been <br />severed from private surface estate, therefore, the documentation <br />specified by Rule 2.03.6(2) is not required. (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Salt Creek Mining Company does <br />not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or an.y State law, rule, or <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. <br />(2.07.6(2)(g)(i)). <br />8. Salt Creek Mining Company does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />the environment as to indicate an intent not to comply with the <br />provisions of the Act. (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be Derformed in areas adjacent to the permit <br />area. (2.07.6(2)(1)). <br />-a- <br />