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Perini[ Kumber CO-0038 Attachment 1 SPECL4L S;IPUL,",.'IONS OS11 and Colorado dined Land Reclamation Division have idenCif~ed the following stipulations (conditions of approval) which are needed to ensure the :SP,P complies with Federal and State regulations implementing S;1CRA. The term "regulatory authority" means the Colorado toned Land Declamation Division and the Department of the Interior, OSC1, unless otherwise specified in the Colorado permanent program agreement. 1. The applicant shall o'otain rights -of -way from BLt1 prior to the construction of off-leas 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 easterr. half of longwall panel L.W.D.-1, the applicant shall analyze the subsidence monitoring data collected to that date. No production mining shall commence within anv additional panels until chat report has been reviewed and approved by the regulatory authority. If the results of that analysis determine that a revision of rite mining plan for the remainder of the 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 the mine until that revision has been approved by the regulatory authority. 3. Witfiin 30 days of acceptance o`. Departmental approval of the mine plan, ~r'd the applicant shall ensure that their cultural resource contractor has sufficiently documented the 17 "potentially" eligible sites so that OS:1 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, OS:1 will provide Western Fuels with a list of sites chat 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 [he 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 to rile regulatory authority, for approval. A draft report of the data recovery shall be submitted for review and approval to the regulatory authority and the SI1P0 prior to any surface coal mining and reclamation activities at or adjacent to anv of the eligible ! sites.